Christopher Piazza v. Andrew M. Saul
Published: Apr. 3, 2020 | Result Date: Jan. 31, 2020 | Filing Date: Jul. 27, 2018 |Case number: CV 18-6484-SP Summary Judgment – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
Lawrence D. Rohlfing
(Law Offices of Lawrence D. Rohlfing)
Defendant
Timothy R. Bolin
(Social Security Administration)
Facts
Plaintiff Christopher Piazza sought judicial review of the denial of plaintiff's application for disability insurance benefits.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged she suffered from pain that involved his knees, back, wrist, hand, neck, ankle, and shoulders. Plaintiff contended the Administrative Law Judge erred when it failed to pose a complete hypothetical to the vocational expert. Plaintiff contended the ALJ erred when he classified plaintiff's prior job as a greeter/sales attendant as past relevant work because the regulations stated if a claimant worked less than six months and stopped because a claimant's accommodations were removed, such job is an unsuccessful work attempt. Specifically, plaintiff contended his position as a greeter for only two months, was an unsuccessful work attempt based on plaintiff being temporarily accommodated.
DEFENDANT'S CONTENTIONS: Defendant contended plaintiff could perform his past relevant work as a sales attendant generally and actually performed. Defendant additionally contended he posed a complete hypothetical to the vocational expert that adequately included all of plaintiff's limitations. Defendant also contended although the ALJ found plaintiff suffered from severe impairments of degenerative disc disease of the cervical and lumbar spine, right knee osteoarthritis, partial tear of the right Achilles' tendon and right wrist sprain, Plaintiff's impairments individually or in combination, did not meet or medically equal one of the listed impairments set forth in 20 C.F.R. part 404.
Result
The court affirmed the ALJ's decision and dismissed the case with prejudice.
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