Facts

Plaintiff Todd A. Whynaught sought review of the Commissioner of Social Security's decision denying plaintiff's application for disability insurance benefits. Plaintiff alleged Defendant violated Title XVI of the Social Security Act.

PLAINTIFF'S CONTENTIONS: Plaintiff first contended Defendant erred when it concluded Plaintiff was not disabled because the ALJ had previously determined Plaintiff suffered from severe impairments that included spinal stenosis of the lumbar region with radiculopathy, otherwise known as left leg pain, a disorder of the left hand, status post-surgery to the left thumb, and a history of right ankle fracture and status post right ankle surgery. Plaintiff further contended the ALJ erred when it gave little weight to the opinion of his treating physician, some weight to the opinion of his consulting physician, and significant weight to the opinion of the State agency medical consultant. Plaintiff contended his treating physician limited him to sitting to twenty minutes at a time, and stated that he required the ability to shift positions every thirty minutes, but Defendant did not give much consideration to that medical opinion.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions, and contended Plaintiff did not have an impairment or combination of impairments that amounted to medical severity. Additionally Defendant contended the record showed that Plaintiff had already received treatment, which included numerous epidural steroid injections, prescriptions of Vicodin and Morphine, and was evaluated for surgical intervention due to his pain.

Result

The court granted Defendant's motion for summary judgment.