Facts

Plaintiff Jeryka Johnson sought judicial review of a final decision by the Commissioner of Social Security who denied Plaintiff's application for Disability Insurance Benefits and Supplemental Security Income.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged she suffered from severe seizures. Plaintiff contended the administrative law judge improperly discounted the opinions of Plaintiff's two treating physicians. Plaintiff further contended the ALJ purported to give partial weight to the opinion of Dr. Laxer, but rejected Dr. Laxer's conclusion that Johnson had an average of five seizures per week and typically needed to test the entire day after a seizure.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions and contended Dr. Laxter's opinion was discounted since most of Plaintiff's seizures were self-reported, rather than medically documented, and because Plaintiff's seizures were small and frequently occurred during her sleep, which didn't interfere with Plaintiff's work ability. Defendant additionally contended Dr. Laxer's opinion was discounted with regard to Plaintiff's alleged large, grand mal seizures, because Plaintiff's symptoms rarely occurred when she took her medication.

Result

Plaintiff's motion for summary judgment was granted because the court found that Defendant's reasons fell short of the specific and legitimate standard. The record did not establish that Plaintiff's seizures only occurred at night and did not interfere with her workday. Moreover, the court found that the ALJ failed to consider the appropriate factors when determining the weight accorded to Dr. Laxer.