Alicia Hernandez De Munoz v. Commissioner of Social Security
Published: May 3, 2019 | Result Date: Mar. 18, 2019 |Case number: 1:18-cv-00483-SAB Bench Decision – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Young C. Cho
(Law Offices of Lawrence D. Rohlfing)
Defendant
Ellinor R. Coder
(Social Security Administration)
Facts
Plaintiff Alicia Hernandez De Munoz sought judicial review of a final decision of the commissioner of Social Security denying her application for disability benefits.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the ALJ erred by failing to provide specific and legitimate reasons to reject the opinion of plaintiff's treating physician that she needed to find a job that doesn't require repetitive use of her hands on a consistent basis. Plaintiff contended that she has lost fifty percent of her pre-injury capacity and that the ALJ did not provide any reasons for rejecting her treating physician's opinion that plaintiff was unable to repetitively use her hands on a consistent basis.
DEFENDANT'S CONTENTIONS: Defendant contended that the ALJ considered her treating physician's opinion and that the ALJ did not reject his opinion. Defendant alleged that the ALJ translated the opinion into the concrete, functional restriction of frequent handling, fingering and feeling. Additionally, the ALJ's interpretation that the treating physician's limitation to no repetitive use of her hands on a consistent basis would allow her to use her hands frequently under the social security regulations is reasonable.
Result
The court found that the ALJ did not improperly reject the treating physician's findings, and plaintiff's appeal from the decision of the commissioner of social security was denied.
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