Jesse P. Solomon v. Kilolo Kijakazi
Published: Aug. 26, 2022 | Result Date: Jul. 5, 2022 | Filing Date: Jun. 4, 2021 |Case number: 2:21-cv-04620-SP Bench Decision – Petition Denied
Judge
Court
CD CA
Attorneys
Plaintiff
James B. Lewis
(Law Office of James B. Lewis)
Defendant
Stacy E. Wiesbrock
(Social Security Administration)
Facts
Jessie S. was 21 years old when he allegedly experienced an onset disability. He had no past relevant work experience. On July 10, 2018, he filed an application for supplemental security income alleging disability since July 1, 2017 but was denied initially and on reconsideration. Later, represented by counsel, he appeared and testified at a hearing before the Administrative Law Judge (ALJ). The ALJ also heard testimony from a vocational expert, Rebecca Williams and Dr. Edward Ritvo, a psychiatrist who examined Jessie and review his medical records. On September 25, 2020, the ALJ denied his claim, finding that Jessie had not engaged in substantial gainful activity since the date of the application; that Jessie suffered from major depressive disorder, generalized anxiety disorder, obsessive-compulsive disorder and polysubstance abuse; and that Jessie's impairments did not meet or medically equally the impairments. The ALJ found Dr. Ritvo's opinions to be not entirely persuasive because it was not supported by medical evidence in the records, including that it was at odds with his own clinical observations. Overall, the ALJ concluded that Jessie's substance use disorder was a contributing factor material to the disability determination because he would not be disabled if he stopped his substance abuse. The ALJ then concluded that Jessie did not suffer from a disability as defined by the Social Security Act. Jessie filed a review of that decision which the Appeals Council denied and the ALJ's decision stands as the final decision of the Commissioner.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff challenged the ALJ's determination that he was not disabled because if he stopped the substance use, he would be able to perform simple tasks. Specifically, plaintiff argued that the ALJ improperly evaluated Dr. Ritvo's findings of marked limitations.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
The court affirmed the decision of the Commissioner of the Social Security Administration to deny the disability insurance benefits.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390