Joe Phomsoupha v. Commissioner of Social Security
Published: Apr. 24, 2020 | Result Date: Mar. 18, 2020 |Case number: 1:18-CV-00918-EPG Summary Judgment – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Kelsey M. Brown
(MacKenzie Legal PLLC)
Defendant
Michael K. Marriott
(Social Security Administration)
Facts
Plaintiff Joe Phomsoupha sought judicial review of the denial of plaintiff's application for Disability Insurance Benefits and Supplemental Social Security.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended the ALJ erred when it failed to provide specific and legitimate reasons that explained why it rejected the treating opinion of Dr. Maximo Parayno, MD, who diagnosed plaintiff with major depressive disorder, severe, without psychotic features and chronic PTSD. Plaintiff further contended the ALJ failed to provide legally sufficient reasons as to why it failed to find plaintiff credible.
DEFENDANT'S CONTENTIONS: Defendants denied plaintiff's contentions, and further contended it properly explained why it rejected the opinion of Dr. Parayno, which was because his opinion was contradicted by psychiatric consultative examiner Dr. Ernest Barger and was inconsistent with plaintiff's medical record.
Result
The court granted defendant's motion for summary judgment with prejudice after it concluded the ALJ provided sufficient and detailed explanations as to why it rejected plaintiff's credibility. Further, the case was dismissed after the court found the ALJ provided sufficient reasoning with regard to the reliability of plaintiff's subjective symptom testimony because it was supported by legally sufficient reasons.
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