Kevin James O'Bryan v. Commissioner of Social Security
Published: Jun. 5, 2020 | Result Date: Mar. 25, 2020 |Case number: 1:18-cv-01299 EPG Summary Judgment – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Monica Perales
(Law Offices of Lawrence D. Rohlfing)
Defendant
Sharon Lahey
(Social Security Administration)
Jeffrey J. Lodge
(Office of the U.S. Attorney)
Facts
Plaintiff Kevin James O'Bryan, sought review the Commissioner of Social Security's decision denying plaintiff's application for Supplemental Security Income and Disability Insurance benefits.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant erred when it failed to address specific and relevant information from plaintiff's wife, who completed a third-party function adult report and also submitted a letter. Plaintiff contended defendant erred when it failed to consider such pertinent information as a matter of law because any person who gave testimony about a claimant's impairments could qualify as a lay witness.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions and contended it refused to consider the information offered by plaintiff's wife because it was inconsistent with information contained in the record. Further, defendant contended that plaintiff failed to document any objective clinical evidence that would have established that plaintiff was actually unable to work.
Result
The court granted defendant's motion for summary judgment after it concluded defendant properly discounted plaintiff's testimony along with the information offered by plaintiff's wife.
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