Barinder Kaur v. Andrew M. Saul
Published: May 8, 2020 | Result Date: Aug. 23, 2019 | Filing Date: Apr. 16, 2018 |Case number: 2:18-cv-00933-AC Summary Judgment – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Jesse S. Kaplan
(Jesse S. Kaplan, Attorney at Law)
Defendant
Edward A. Olsen
(Office of the U.S. Attorney)
Ben A. Porter
(Social Security Administration)
Facts
Plaintiff Barinder Kaur applied for disability insurance benefits and supplemental social security income under the Social Security Act. Kaur's application was denied initially and on reconsideration. Kaur then requested a hearing before an administrative law judge, who determined that Kaur suffered from the severe impairments of status post L4-L5 laminectomy, partial facetectomy, and foraminotomy, prosthetic right eye, depressive disorder, and anxiety, but was not disabled. Kaur filed for judicial review and moved for summary judgment. Defendant cross-motioned for summary judgment.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant committed error by determining a physical and psychological residual functional capacity assessment that was unsupported by the evidence on record. Additionally, plaintiff claimed that defendant improperly determined that plaintiff's headaches and migraines were not severe. Plaintiff further contended that defendant inappropriately dismissed plaintiff's testimony and the testimony of plaintiff's brother.
DEFENDANT'S CONTENTIONS: Defendant denied the allegations and contended that he properly evaluated plaintiff's physical and psychological RFC. Additionally, defendant argued that it gave the appropriate amount of weight to the testimony provided and that it appropriately found plaintiff's headaches to be non-severe.
Result
The court entered judgment denying plaintiff's motion for summary judgment and granting defendant's cross-motion for summary judgment on the ground that defendant committed no errors in determining that plaintiff was not disabled.
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