Clyde Raymond Wallin v. Kilolo Kijakazi
Published: May 12, 2023 | Result Date: Dec. 7, 2022 |Case number: 3:22-cv-02681-TSH Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Harvey P. Sackett
(Sackett & Associates APLC)
Defendant
Chantal R. Jenkins
(Social Security Administration)
Facts
On August 10, 2018, Marcia Hirtenstein applied for Social Security benefits, alleging a disability onset date of July 1, 2018. According to her application, Hirtenstein suffered from Type I diabetes, respiratory infection, and heart problems. Despite her symptoms and conditions, Hirtenstein testified at an eventual hearing that she was able to drive, walk, grocery shop, and tend to other light errands. Moreover, non-examining agency doctors reviewed Hirtenstein's medical records and determined she could perform a medium range of work.
Hirtenstein's application was initially denied on September 14, 2018, and it was again denied on reconsideration on December 19, 2018. An administrative law judge (ALJ) held a hearing on May 5, 2020, and issued an unfavorable decision on June 3. The ALJ determined that although Hirtenstein did complain of disabling symptoms, the claims were not supported by medical evidence, including normal stress test results, improved diabetes symptoms, and respiratory symptoms that improved with medication. After the appeals council denied Hirtenstein's request for review, she sought judicial review by the district court. Hirtenstein passed away on December 22, 2021, and her surviving divorced spouse, Clyde Wallin, substituted in as plaintiff.
Contentions
PLAINTIFF'S CONTETIONS: Plaintiff contended that the ALJ improperly rejected her testimony about her symptoms; and that the ALJ gave undue deference to the opinions of State agency evaluators. Specifically, the plaintiff contended that the non-examining agency doctors did not give adequate weight to the limitations associated with her severe diabetes.
DEFENDANT'S CONTENTIONS: Defendant contended the ALJ had properly assessed the evidence and application. Moreover, the defendant contended that the ALJ provided valid reasons for discounting the plaintiff's statements about her symptoms and limitations, and that the ALJ did not give undue deference to agency doctors.
Result
Defendant's motion for summary judgment was granted.
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