Keith Alvarez v. Nancy A. Berryhill
Published: Nov. 29, 2019 | Result Date: Aug. 6, 2019 | Filing Date: Apr. 4, 2014 |Case number: 3:17-cv-2236-AJB-NLS Summary Judgment – Defense
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Monica Perales
(Law Offices of Lawrence D. Rohlfing)
Defendant
Carol S. Clark
(Social Security Administration)
Katherine L. Parker
(Office of the U.S. Attorney)
Facts
Plaintiff Keith Alvarez applied for disability insurance benefits and supplemental social security income under the social security act. Alvarez's application was denied initially and on reconsideration. Alvarez then requested a hearing before an administrative law judge, who determined that Alvarez suffered from a history of right shoulder impingement, a history of tendonitis of the right shoulder, a history of dislocation of the left shoulder healed, a history of torn triceps muscle healed, a history of depression, a history of substance abuse, personality disorder, and general anxiety disorder, but was not disabled. Alvarez filed for judicial review and moved for summary judgment. Defendant cross-motioned for summary judgment.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant improperly rejected the medical opinions of Dr. Kivowitz, a medical expert, and for not providing legally valid reasons for discounting the opinions of Dr. Bartell, a treating physician.
DEFENDANT'S CONTENTIONS: Defendant denied all allegations and contended defendant gave the appropriate amount of weight to the medical testimony provided.
Result
The court entered judgment granting defendant's motion for summary judgment and denying plaintiff's cross-motion for summary judgment on the grounds that defendant appropriately assessed the medical testimony provided.
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