Mark Boykin v. Nancy A. Berryhill
Published: May 24, 2019 | Result Date: Mar. 26, 2019 |Case number: CV 18-02417-AS Summary Judgment – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
Laura E. Krank
(Rohlfing & Kalagian LLP)
Defendant
Michael K. Marriott
(Social Security Administration)
Facts
Plaintiff Mary Boykin sought judicial review of the Commissioner's denial of her application for supplemental security income.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the Administrative law judge failed to fully and fairly develop the record in regards to the stroke plaintiff suffered on Sept. 8, 2014. Plaintiff alleged that the Administrative Law Judge should have called a medical expert to determine his residual functional capacity after he had the stroke.
DEFENDANT'S CONTENTIONS: Defendant contended that the ALJ had no duty to further develop the record regarding plaintiff's stroke. Defendant alleged that plaintiff has failed to provide any evidence in the record showing that he suffered a stroke and had medical issues related to the stroke. Further, defendant contended that plaintiff was treated with occupational therapy and showed good progress with therapy.
Result
The court found that the ALJ did not fail to develop the record further by not ordering medical expert since the evidence in relation to a stroke suffered by plaintiff was not ambiguous.
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