Facts

Plaintiff Dennis C., sought judicial review of a final decision by the Commissioner of Social Security denying plaintiff's application for disability insurance benefits under Title XVI of the Social Security Act.

PLAINTIFF'S CONTENTIONS: Plaintiff, formerly employed as a sales associate at Wal-Mart, alleged he became disabled on February 16, 2016 from lumbar spine degenerative disc disease and status post-surgery. Plaintiff contended he was treated by Tien T. Nguyen, M.D., who performed the surgery on plaintiff and indicated that plaintiff generally used a brace between March 2016 and June 2017, and also used a cane through June. Thus, plaintiff contended the ALJ erred when it improperly evaluated his subjective symptom testimony and determined he was not disabled. Specifically, plaintiff contended the ALJ failed to provide clear and convincing reasons as to why it rejected his subjective symptom testimony.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions. Defendant contended plaintiff was able to perform past work as a sales attendant. Further, defendant contended plaintiff's testimony about the intensity, persistence and limiting effects of his pain and symptoms were inconsistent with the medical evidence and other evidence submitted.

Result

The court granted summary judgment for defendant, finding it offered clear and convincing reasons for discounting plaintiff's subjective testimony.