Facts

On September 26, 2016, Alex Keovilai applied for disability insurance benefits alleging disability as of October 31, 2008. The Commissioner denied the application on December 15, 2016. A hearing was held before an Administrative Law Judge (ALJ) on December 4, 2018. On December 7, 2018, Dr. Michiel, plaintiff's medical expert, conducted a consultative psychiatric examination of Keovilai at the request of the agency and identified diagnoses of adjustment disorder with emotional features, depression and anxiety. The ALJ issued a decision denying Keovilai's application but did not discuss Dr. Michiel's examination. The Appeals Council denied his claim via a written decision issued April 24, 2020. On October 19, 2020, Keovilai filed a complaint, seeking judicial review of the final decision of the Commissioner of Social Security denying his application for disability insurance benefits and supplemental security income.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the ALJ erred by failing to exhibit and weigh Dr. Michiel's opinion and the Appeals Council's written decision did not cure the error. In particular, plaintiff maintained that the Appeal Council erred by incorrectly stating that the doctor's diagnosis was based on a one-time examination with no medical records reviewed and that their observations on his ability to drive and speak English were irrelevant. Plaintiff's medical expert, Dr. Michiel, opined that plaintiff could maintain attention and concentration to carry out simple job instructions and interact with co-workers and others while performing simple job instructions. However, he argued that plaintiff was unable to maintain attention and concentration to carry out an extensive variety of technical or complex instructions.

DEFENDANT'S COSNTENTIONS: Defendant denied all contentions

Result

Plaintiff's appeal from the administrative decision of the Commissioner of Social Security was denied. The court found substantial evidence to support the ALJ's conclusion that Keovilai was not disabled.