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Government
Social Security Administration
Supplemental Security Income

Sean P. Tuttle v. Kilolo Kijakazi

Published: Dec. 17, 2021 | Result Date: Aug. 20, 2021 |

Case number: 1:20-cv-00929-GSA Summary Judgment –  Defense

Judge

Gary S. Austin

Court

USDC Eastern District of California


Attorneys

Plaintiff

John D. Metsker
(The Metsker Law Firm)


Defendant

Christopher J. Bella
(Social Security Administration)

Jeffrey J. Lodge
(Office of the U.S. Attorney)

Daniel P. Talbert
(Social Security Administration)


Facts

In 2010 Plaintiff Sean Tuttle applied for disability benefits. At the hearing, an Administrative Law Judge found that Tuttle had the residual functional capacity to perform light work and, accordingly, was not disabled.

After a 2016 surgery, Tuttle reapplied for disability benefits. At the hearing, a different judge found that Tuttle was not disabled. Tuttle appealed to the District Court for the Eastern District of California.

Contentions

PLAINTIFF CONTENTIONS: Plaintiff contended that he is disabled and that the 2016 Administrative Law Judge improperly applied res judicata to the prior findings.

DEFENDANT CONTENTIONS: Defendant contended that the 2016 findings were based on presently available evidence and no presumption of non-disability was applied.

Result

Plaintiff's appeal was denied and judgment was entered in favor of the Commissioner of Social Security.


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