Donald R. Earl v. Andrew M. Saul
Published: Mar. 20, 2020 | Result Date: Jan. 9, 2020 |Case number: EDCV 18-00217-AS Summary Judgment – Plaintiff
Judge
Court
CD CA
Attorneys
Plaintiff
Steven G. Rosales
(Law Office of Lawrence D. Rohlfing)
Defendant
Marla K. Letellier
(Social Security Administration)
Facts
On Feb. 4, 2014, Donald Earl filed an application for supplemental security income, which was denied, both in the first instance and upon reconsideration. On Feb. 17, 2017, an ALJ found Earl was not disabled. He filed a complaint in the district court challenging the ALJ's finding.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that he had degenerative disc disease of the cervical spine, deep vein thrombosis of the left lower extremity, lumbar sprain, seizure disorder, and obstructive sleep apnea. Plaintiff contended that the ALJ improperly disregarded evidence in denying his claim.
DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff was not disabled and was not unable to work. Defendant contended that there were numerous jobs in the national economy, which plaintiff could fulfill.
Result
The court found for the plaintiff. The ALJ failed to provide clear and convincing reasons to discredit plaintiff's testimony about the intensity, persistence, and limiting effects of his pain and treatment.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390