Facts

On February 14, 2019, Yvonne M. applied for disability benefits, alleging an onset date of December 1, 2011. Her application was denied initially and on reconsideration. After an October 2020 hearing, an Administrative Law Judge (ALJ) issued an unfavorable decision in January 2021. The ALJ had found plaintiff to have the following impairments: trace scoliosis lumbar, spondylosis thoracic, chronic pain syndrome, and obstructive sleep apnea. The ALJ also determined that plaintiff was able to perform light work and could perform past relevant work as an ad taker/receptionist and as a telephone solicitor. In June 2021, the Appeals Council denied Yvonne's request for review. She then sought review with the USDC Northern.

PLAINTIFF’S CONTENTIONS: Plaintiff contended that the ALJ erred in assessing the medical evidence, the assessment of her subjective symptom testimony which was supported by substantial evidence, and failing to consider lay witness testimony. Specifically, for example, plaintiff argued that the ALJ did not weigh evidence from a pain clinic where she received treatment and did not adequately consider her fibromyalgia of which the ALJ stated that there was no evidence that established fibromyalgia as a medically determinable impairment.

DEFENDANT’S CONTENTIONS: Defendant’s denied all contentions, arguing that the ALJ properly assessed each factor plaintiff contended. For example, as to plaintiff’s contention that the ALJ failed to consider lay witness testimony, conversely defendant’s noted that the lay witnesses identified similar symptoms and limitations plaintiff already alleged, such as fatigue, aches, body pain, limited ability to perform physical activities, and problems with memory and concentration.

Result

The court denied plaintiff's motion for summary judgment and granted defendant's cross-motion for summary judgment.