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Government
Social Security Administration
Review of HHS Decision (DIWC)

Preston Scott Plaugher v. Nancy A. Berryhill

Published: May 3, 2019 | Result Date: Mar. 22, 2019 |

Case number: 1:17-cv-00734-GSA Bench Decision –  Plaintiff

Judge

Gary S. Austin

Court

USDC Eastern District of California


Attorneys

Plaintiff

Jacqueline A. Forslund
(Forslund Law LLC)


Defendant

Jeffrey J. Lodge
(Office of the U.S. Attorney)

Michael K. Marriott
(Social Security Administration)


Facts

Preston Plaugher sought judicial review of the Commissioner of Social Security's decision denying his application for disability insurance benefits.

Contentions

PLAINTIFF'S CONTENTIONS: Plaugher contended that the administrative judge erred when it concluded that he had the residual functional capacity to perform a wide range of light work because the finding was not supported by substantial evidence.

DEFENDANT'S CONTENTIONS: The administrative law judge contended that he disregarded evidence of Plaugher's state agency doctors in finding he could perform light work because they did not have access to plaintiff's magnetic resonance images.

Result

The court found that the administrative law judge erred in determining Plaugher's physical residual functional capacity because the administrative law judge did not use the permissible methods to address the record's inadequacy. It found that the administrative law judge played doctor in making his own independent medical findings, and reversed and remanded and judgment was entered in favor of Plaugher.


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