Kerri Althoff-Gromer v. Nancy A. Berryhill
Published: May 3, 2019 | Result Date: Mar. 22, 2019 |Case number: 2:18-cv-00082-KJN Summary Judgment – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Jacqueline A. Forslund
(Forslund Law LLC)
Defendant
Carolyn B. Chen
(Social Security Administration)
Facts
Plaintiff Kerri Althoff-Gromer sought judicial review of a final decision by the commissioner of Social security denying her applications for disability insurance benefits and supplemental security income.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the administrative law judge failed to provide clear and convincing reasons for rejecting her treating physician's uncontroverted opinions. Additionally, plaintiff alleged that the ALJ erred by failing to discuss medical evidence from plaintiff's rheumatologist that supports her treating physician's opinions.
DEFENDANT'S CONTENTIONS: Defendant contended that the ALJ gave little weight to the treating physician's opinion because his findings were not supported by clinical and diagnostic findings. Defendant alleged that the plaintiff's physical impairments had improved with medication and treatment. In addition, defendant contended that the ALJ committed no such error because plaintiff's entire record was considered and the ALJ did not need to discuss every piece of evidence that was neither significant nor probative.
Result
Plaintiff's motion for summary judgment was denied.
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