Thomas Vinn v. Andrew M. Saul
Published: Apr. 10, 2020 | Result Date: Feb. 5, 2020 | Filing Date: Nov. 19, 2018 |Case number: CV 18-09746-DFM Summary Judgment – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
Patricia L. McCabe
(Law Office of Patricia L. McCabe)
Defendant
Stacy E. Wiesbrock
(Social Security Administration)
Facts
Plaintiff sought judicial review of the denial of plaintiff's application for Supplemental Security Income and Social Security disability insurance benefits.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged disability due to coronary artery disease, diverticulitis, hypertension, asthma, GERD, mild alcohol use, depression, and anxiety.Plaintiff contended the Administrative Law Judge erred when it improperly determined plaintiff's mental impairments were not severe. Plaintiff also contended that the ALJ erred when it rejected the opinion of his treating psychiatrist Dr. Sharon Guo. Plaintiff contended Dr. Guo properly opined that plaintiff had marked restrictions in activities of daily living; moderate difficulties in maintaining social functioning; moderate deficiencies of concentration, persistence or pace; and three repeated episodes of decompensation, each of extended duration. Finally, plaintiff contended the ALJ improperly discounted plaintiff's subjective symptom testimony.
DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions and further contended although the ALJ determined plaintiff had impairments, the ALJ properly concluded that those impairments were not severe. Defendant contended plaintiff did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments. Defendant contended despite the impairments, plaintiff retained the residual functional capacity to perform the full range of light work without any additional limitations and ultimately contended plaintiff was not disabled because he could return to his past work. Defendant additionally contended that Dr. Guo's opinions were inconsistent with her own treatment notes and the record lacked any evidence of an alleged extended episode of decompensation. Defendant contended plaintiff had not been psychiatrically hospitalized and the record lacked evidence of any psychotic breaks, nervous breakdowns, or episodes of extremely disorganized behavior.
Result
The court affirmed the ALJ's decision and dismissed the case with prejudice.
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