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Government
Social Security Administration
Review of HHS Decision (DIWC)

Tomas Diarte Otanez v. Andrew M. Saul

Published: Mar. 20, 2020 | Result Date: Jan. 7, 2020 |

Case number: EDCV 19-00300-JEM Summary Judgment –  Defense

Judge

John E. McDermott

Court

CD CA


Attorneys

Plaintiff

Marc V. Kalagian
(Rohlfing and Kalagian LLP)


Defendant

Jean M. Turk
(Social Security Administration)


Facts

Plaintiff Tomas Otanez sought judicial review of a final decision, which denied plaintiff's application for Social Security Disability Insurance benefits.

Contentions

PLAINTIFF'S CONTENTIONS: First, Plaintiff contended he met or equaled a Listing 1.04A and the administrative law judge erred when it determined plaintiff did not meet or equal a listing supported by substantial evidence. Next plaintiff contended the ALJ's residual functional capacity was not supported by substantial evidence. Last, plaintiff contended his subjective complaints reported to the ALJ were not properly evaluated and the ALJ erred when it discounted plaintiff's subjective symptom allegations.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions.

Result

The court affirmed the ALJ's decision and dismissed the case with prejudice.


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