Deven R. Escalante v. Kilolo Kijakazi
Published: Jan. 20, 2023 | Result Date: Oct. 20, 2022 | Filing Date: Sep. 3, 2021 |Case number: 2:21-cv-07119-AFM Bench Decision – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
Alex Panutich
(The Law Offices of Bill LaTour)
Defendant
Paul H. Sachelari
(Social Security Administration)
Facts
Deven Escalante filed an application for supplemental security income, alleging disability beginning November 14, 2016. His application was denied multiple times on the ground that the information in the record was insufficient to make a medical determination.
Escalante and a vocational expert testified at a hearing before an Administrative Law Judge (ALJ). The ALJ issued a decision finding that Escalante suffered from, among other impairments, attention deficit hyperactivity disorder; somatic system disorder; degenerative joint disease of the spine; and polysubstance abuse.
After determining Escalante's impairments did not meet or equal listed impairment, the ALJ assessed Escalante's residual functioning capacity (RFC), concluding that he was able to perform light work with certain limitations. The ALJ ultimately determined that Escalante was not disabled and the appeals council denied review, rendering the ALJ's decision the final decision of the Commissioner of Social Security.
Escalante filed an action seeking review of the Commissioner's final decision denying his application for supplemental security income.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the ALJ failed to consider the applicability of Listing 12.07 (somatic symptom and related disorders); the ALJ performed an improper assessment of plaintiff's RFC because she failed to include a limitation on interaction with supervisors; and the ALJ failed to provide legally sufficient reasons for rejecting lay testimony.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
The court affirmed the Commissioner's decision.
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