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Government
Social Security Administration

Destene Marie McMinn v. Andrew M. Saul

Published: Feb. 5, 2021 | Result Date: Jul. 10, 2020 | Filing Date: Jun. 12, 2019 |

Case number: EDCV 19-01063-JEM Bench Verdict –  Dismissed

Judge

John E. McDermott

Court

CD CA


Attorneys

Plaintiff

Steven G. Rosales
(Law Office of Lawrence D. Rohlfing) Destene Marie McMinn


Defendant

Marla K. Letellier
(Social Security Administration) Andrew Saul


Facts

Plaintiff Destene Marie McMinn sought judicial review of a decision by the Commissioner of Social Security who denied plaintiff's application for Disability Insurance benefits and Supplemental Security Income.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff, 52, contended Defendant erred when it determined Plaintiff was not disabled after Defendant concluded Plaintiff suffered from degenerative disc disease of the cervical spine, degenerative disc disease of the lumbar spine, and status post right shoulder surgery. Plaintiff further contended Defendant erred when defendant ALJ improperly considered Plaintiff's subjective testimony that involved her personal complaints about the pain symptoms and limitations she experienced.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions and further contended the ALJ properly determined that Plaintiff was not disabled because she did not have an impairment or combination of impairments that met or medically equaled to one of the listed impairments.

Result

The court granted Defendant's motion for summary judgment, concluding that Defendant properly determined Plaintiff was not disabled.


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