Andre M. v. Andrew M. Saul
Published: Jan. 29, 2021 | Result Date: Aug. 3, 2020 |Case number: CV 19-07237-RAO Summary Judgment – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
Young C. Cho
(Law Offices of Lawrence D. Rohlfing)
Defendant
Amanda Schapel
(Social Security Administration)
Facts
Plaintiff Andre M., sought judicial review of a final decision by the Commissioner of Social Security denying Plaintiff's application for Supplemental Security Income under Title XVI of the Social Security Act.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant erred when it concluded Plaintiff was not disabled. Specifically Plaintiff contended Defendant erred when it evaluated Plaintiff's Residual Functioning Capacity and gave little to no weight to Plaintiff's treating physician Jalil Rashti, MD. Further Plaintiff contended Defendant erred when it discounted and rejected Dr. Bernabe's testimony that explained Plaintiff was severely limited in his standing and walking.
DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions and further contended Plaintiff was not disabled since his no objective evidence in the record supported his alleged limitations in standing and walking.
Result
The court dismissed the case with prejudice after it concluded Defendant offered clear and convincing reasons, supported by substantial objective evidence in the record, as to why it determined Plaintiff was not disabled.
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