George Kappes III v. Andrew M. Saul
Published: Jun. 12, 2020 | Result Date: Feb. 20, 2020 |Case number: 2:18-cv-0002 JAM DB PS Summary Judgment – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Defendant
Sharon Lahey
(Social Security Administration)
Edward A. Olsen
(Office of the U.S. Attorney)
Facts
Plaintiff George Kappes III, sought review of the Commissioner of Social Security's decision, denying plaintiff's application for disability and disability insurance benefits in which defendant determined plaintiff suffered from the severe impairment of seizure disorders.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant erred when it concluded plaintiff was not disabled because he suffered from the severe impairment of seizure disorders, which defendant actually determined. Plaintiff contended he suffered from many additional seizures and severe memory loss, and as a result, plaintiff's seizures are still not under control. Plaintiff therefore contended he was disabled because the still suffered from the seizure disorder.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions, and contended plaintiff was not disabled because the plaintiff had the residual functional capacity to perform medium work. Defendant further contended plaintiff was capable of performing past relevant work as an insurance agent.
Result
The court granted defendant's motion for summary judgment after it concluded the record failed to demonstrate plaintiff treated his seizures and defendant's contentions were supported by the evidence in the record.
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