Lance Hermiz v. Nancy A. Berryhill
Published: Nov. 22, 2019 | Result Date: Aug. 9, 2019 | Filing Date: May 24, 2018 |Case number: 3:18-cv-01035-BEN (KSC) Summary Judgment – Defense
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Monica Perales
(Law Offices of Lawrence D. Rohlfing)
Defendant
Katherine L. Parker
(Office of the U.S. Attorney)
Margaret I. Branick-Abilla
(Social Security Administration)
Facts
Lance Hermiz sought judicial review of the Commissioner of Social Security's denial of his application for disabled child's insurance benefits and supplemental security income.
Contentions
PLAINTIFF'S CONTENTIONS: Hermiz initially sought disabled child's insurance benefits and supplemental security income claiming he was unabled to work due to anger and aggression issues, Asperger's syndrome, depression, learning disability, and inability to follow simple directions. Hermiz's applications were denied because his medical conditions were not so severe as to prevent him from working, and an Administrative Law Judge agreed. Hermiz submitted additional medical records after the ALJ's ruling, and the Appeals Council concluded the new records did not establish a reasonable probability of chanign the ALJ's decision. Hermiz alleged that opinions expressed by his treating psychiatrist conflicted with the ALJ's residual functional capacity assessment, and since these opinions are of a treating physician, they are entitled to greater weight than those of non-treating physicians that the ALJ relied upon to reach the non-disability determination.
DEFENDANT'S CONTENTIONS: Defendant argued that the ALJ's decision was supported by substantial evidence even considering the later-submitted records that Hermiz alleged conflicted with the ALJ's assessment, so the ALJ's decision should be upheld. Defendant contended that the treating psychiatrist's opinions were brief, conclusory, and lacked support by facts, reasons, or objective medical findings. Further, defendant argued the treating psychiatrist's treatment notes were inconsistent with the opinions she expressed, so the ALJ had ground to afford them little or no weight.
Result
The court concluded that substantial evidence supported the ALJ's decision that Hermiz was not disabled and had the residual functional capacity to perform jobs in the national economy. As such, the court granted defendant's motion for summary judgment.
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