Vosskuhler v. Commissioner of Social Security Administration
Court Docket Sheet
District of Arizona2:2016-cv-01460 (azd)
ORDER: The final decision of the Commissioner of Social Security Administration is affirmed. The Clerk of Court shall enter judgment accordingly and terminate this case. Signed by Judge Steven P Logan on 8/14/17.
Case 2:16-cv-01460-SPL Document 16 Filed 08/14/17 Page 1 of 2 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8) No. CV-16-01460-PHX-SPL Max Louis Vosskuhler, 9)) Plaintiff,) ORDER 10) vs. 11)) Commissioner of Social Security) 12 Administration,) 13)) Defendant.) 14 15 Plaintiff Max Louis Vosskuhler seeks judicial review of a denial of disability 16 insurance benefits under the Social Security Act, 42 U.S.C. Â§ 405(g). 17 Plaintiff argues the ALJ erred by: (1) finding that Plaintiff retained the residual 18 functional capacity to engage in light work was not supported by substantial evidence in 19 that it failed to provide "specific and legitimate" reasons for discounting the opinion of 20 Plaintiffâs treating pain management physician, Dr. Burgher; and (2) the ALJâs adverse 21 credibility determination failed to provide clear and convincing reasons for discounting 22 Plaintiffâs testimony regarding functional limitations stemming from his impairments. 23 The Court finds the ALJ carefully took into consideration all of the evidence in 24 finding that although the Plaintiffâs medically determinable impairments could 25 reasonably be expected to cause the alleged symptoms, the Plaintiffâs statements 26 concerning the intensity, persistence and limiting effects of the symptoms were not 27 28 Case 2:16-cv-01460-SPL Document 16 Filed 08/14/17 Page 2 of 2 1 credible at all (AR1 28). The ALJ went into great detail to specifically explain the 2 reasons for his opinion that the severity of the Plaintiffâs symptoms and limitations were 3 not supported by the objective clinical findings and observations contained in the record 4 (AR 28â29). "If the ALJ wishes to disregard the opinion of the treating physician, he or 5 she must make findings setting forth specific, legitimate reasons for doing so that are 6 based on substantial evidence in the record." Orn v. Astrue, 495 F.3d 625, 632 (9th Cir. 7 2007) (quotation omitted). The ALJ correctly found that the objective studies failed to 8 support the Plaintiffâs allegations of disabling pain or limitations (AR 28). That was 9 sufficient. See Bayliss v. Barnhart, 427 F.3d 1211, 1216 (9th Cir. 2005) (inconsistencies 10 in treating physicianâs records are "clear and convincing reason for not relying on 11 doctorâs opinion"). 12 The ALJ found the Plaintiff made several statements to the consultative examiner 13 that were not credible. An ALJ "may only find an applicant not credible by making 14 specific findings as to credibility and stating clear and convincing reasons for each." 15 Robbins v. Soc. Sec. Admin., 466 F.3d 880, 883 (9th Cir. 2006). The ALJ recounted 16 several reasons for his credibility finding (AR 29-31). The ALJ must provide germane 17 reasons for discounting these opinions. See Molina v. Astrue, 674 F.3d 1104, 1111 (9th 18 Cir. 2012). The ALJ has met his burden. 19 The Court has reviewed the record and finds the ALJâs decision is supported by 20 substantial evidence. Accordingly, 21 IT IS ORDERED that the final decision of the Commissioner of Social Security 22 Administration is affirmed. The Clerk of Court shall enter judgment accordingly and 23 terminate this case. 24 Dated this 14th day of August, 2017. 25 Honorable Steven P. Logan 26 United States District Judge 27 28 1 Administrative Record 2
CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed August 14, 2017, the Decision of the Commissioner of Social Security is AFFIRMED and this action is hereby terminated.
Case 2:16-cv-01460-SPL Document 17 Filed 08/14/17 Page 1 of 1 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Max Louis Vosskuhler, NO. CV-16-01460-PHX-SPL 10 Plaintiff, JUDGMENT IN A CIVIL CASE 11 v. 12 Commissioner of Social Security Administration, 13 Defendant. 14 15 Decision by Court. This action came for consideration before the Court. The 16 issues have been considered and a decision has been rendered. 17 IT IS ORDERED AND ADJUDGED that pursuant to the Courtâs Order filed 18 August 14, 2017, the Decision of the Commissioner of Social Security is AFFIRMED 19 and this action is hereby terminated. 20 Brian D. Karth District Court Executive/Clerk of Court 21 22 August 14, 2017 s/E. Aragon 23 By Deputy Clerk 24 25 26 27 28
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