Angela Marie Brown v. Kilolo Kijakazi
Published: May 10, 2024 | Result Date: Aug. 31, 2023 |Case number: 3:22-cv-00853-WVG Bench Decision – Defense
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Marc V. Kalagian
(Rohlfing and Kalagian LLP)
Defendant
Daniel P. Talbert
(Social Security Administration)
Katherine L. Parker
(Office of the U.S. Attorney)
Facts
Angela Marie Brown applied for Social Security benefits, alleging disability based on physical and mental ailments. Brown, 44 years of age with a high school education, previously worked as a shipping and receiving clerk. The ailments she listed included: Crohn's disease; ulcerative colitis with Ileostomy; ankylosing spondylosis; rheumatoid arthritis; and depression.
The Commissioner of Social Security denied her request, affirmed by an Administrative Law Judge (ALJ). The ALJ found Brown not disabled because there were clerical positions available for Brown to pursue. The Appeals Council denied Brown's request for review, and she appealed to USDC Southern.
On appeal, plaintiff asserted that the ALJ failed to properly assess her residual functional capacity and consider her subjective testimony. Defendant countered that the consultative examination performed by Dr. Amy Kanner supported the ALJ's finding. For example, though plaintiff had some functional restrictions due to an ostomy bag, those limitations did not prevent plaintiff from sitting for 6 hours of an 8-hour workday. Consequently, the ALJ's finding that plaintiff had a residual functional capacity to perform certain sedentary work was supported.
Result
Judgment was entered for defendant and the case was closed.
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