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Government
Social Security Administration
Review of HHS Decision

Stephen R. Busby v. Nancy A. Berryhill

Published: May 10, 2019 | Result Date: Mar. 25, 2019 |

Case number: 17-cv-06928-LB Summary Judgment –  Plaintiff

Judge

Laurel D. Beeler

Court

USDC Northern District of California


Attorneys

Plaintiff

Harvey P. Sackett
(Sackett & Associates APLC)


Defendant

Marcelo N. Illarmo
(Social Security Administration)

Sara Winslow
(Office of the U.S. Attorney)


Facts

Stephen Busby sought judicial review of the final decision of Commissioner of Social Security denying his claim for disability insurance benefits and moved for summary judgment.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the administrative law judge improperly rejected his own testimony and did not provide substantial evidence at step five analysis.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments. Additionally, the defendant alleged that the evidence did not support a finding that the plaintiff's history of chronic affective disorder met the criteria in Listing 12.04.

Result

Plaintiff's motion for summary judgment was granted and the Commissioner's cross motion for summary judgment was denied.


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