Sandra Marie Herrera v. Andrew M. Saul
Published: Jan. 24, 2020 | Result Date: Oct. 16, 2019 | Filing Date: Oct. 25, 2019 |Case number: SA CV 18-1933-PLA Summary Judgment – Plaintiff
Judge
Court
CD CA
Attorneys
Plaintiff
Brian C. Shapiro
(Law Offices of Lawrence D. Rohlfing)
Defendant
Timothy R. Bolin
(Social Security Administration)
Facts
Plaintiff Sandra Marie Herrera applied for disability insurance benefits under the Social Security Act. Herrera's application was denied initially and on reconsideration. Herrera then requested a hearing before an administrative law judge, who determined that Herrera suffered from the severe impairments of obesity, bilateral shoulder impingement, degenerative disc disease of the cervical spine with a history of radiculopathy, carpal tunnel syndrome, degenerative disc disease of the lumbar spine with radiculopathy, degenerative changes of the knees, and uncomplicated diabetes mellitus, but was not disabled. Herrera filed for judicial review.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant committed error when he improperly dismissed the medical opinions of orthopedic medical examiner David Heskiaoff, M.D., plaintiff's examining physician.
DEFENDANT'S CONTENTIONS: Defendant denied the allegations and contended that he gave the appropriate amount of weight to the medical testimony provided.
Result
The court entered judgment reversing defendant's decision and remanding the case for further proceedings on the grounds that defendant did not give the appropriate amount of weight to Dr. Heskiaoff's medical opinions.
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