Jennifer Ann Rodriguez v. Andrew M. Saul
Published: Jul. 24, 2020 | Result Date: May 26, 2020 |Case number: 1:19-cv-00082-BAM Summary Judgment – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Karl E. Osterhout
(Osterhout Berger Disability Law)
Meghan O. Lambert
(Law Office of Meghan O. Lambert)
David Allen
(David Allen & Associates)
Defendant
Jeffrey J. Lodge
(Office of the U.S. Attorney)
Ben A. Porter
(Social Security Administration)
Facts
Plaintiff Jennifer Ann Rodriguez sought review of Defendant Andrew Saul, the Commissioner of Social Security, after Plaintiff's application for disability and disability insurance benefits was denied. Plaintiff alleged Defendant violated Title XVI of the Social Security Act.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant erred when it concluded Plaintiff was not disabled. Plaintiff contended she became disabled in 2014 from back surgeries. Plaintiff contended Defendant erred when it improperly evaluated the opinion evidence from Plaintiff's pain management doctor Dr. Calvon Voong. Plaintiff further contended Defendant erred when it improperly weighed the testimony of her primary care provider Mona Attalla, P.A. Lastly Plaintiff contended Defendant improperly evaluated Plaintiff's subjective complaints.
DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions, and further contended it properly considered Dr. Voong's treating opinion, but it was contradicted by the opinions of multiple physicians. Defendant additionally contended Dr. Calvon Voong's opinion was even contradicted by Plaintiff's surgeon Dr. Majid Rahimifar. Lastly Defendant contended it properly discredited Mona Attalla's opinion because physicians' assistants are not an accepted medical source.
Result
The court granted Defendant's motion for summary judgment after it determined the Defendant provided several specific, clear and convincing reasons as to why it discounted Plaintiff's testimony and the doctors who opined.
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