Vyacheslav Rumyantsev v. Nancy A. Berryhill
Published: May 3, 2019 | Result Date: Mar. 25, 2019 |Case number: 2:17-cv-2539-EFB Summary Judgment – Plaintiff
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Jesse S. Kaplan
(Jesse S. Kaplan, Attorney at Law)
Defendant
Edward A. Olsen
(Office of the U.S. Attorney)
Tina L. Naicker
(Social Security Administration)
Facts
Plaintiff Vyacheslav Rumyanstev sought judicial review of a final decision of the Commissioner of Social Security denying his applications for disability insurance benefits and supplemental social security income.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that the administrative law judge's finding that plaintiff did not have severe impairments was not supported by substantial evidence. Plaintiff contended that the ALJ erred in denying his claim at step-two by finding that his impairments did not meet the twelve-month duration requirement.
DEFENDANT'S CONTENTIONS: Defendant contended that the ALJ determined that plaintiff's physical impairments were non-severe because they did not significantly limit plaintiff's ability to perform basic work activities for at least 12 months.
Result
The court finds that the ALJ improperly rejected plaintiff's subjective complaints regarding his limitations and granted summary judgment.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390