Vosskuhler v. Commissioner of Social Security Administration
Court Docket Sheet

District of Arizona

2:2016-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. § 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 Plaintiff’s treating pain management physician, Dr. Burgher; and (2) the ALJ’s adverse 21 credibility determination failed to provide clear and convincing reasons for discounting 22 Plaintiff’s 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 Plaintiff’s medically determinable impairments could 25 reasonably be expected to cause the alleged symptoms, the Plaintiff’s 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 Plaintiff’s symptoms and limitations were 3 not supported by the objective clinical findings and observations contained in the record 4 (AR 28–29). "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 Plaintiff’s 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 physician’s records are "clear and convincing reason for not relying on 11 doctor’s 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 ALJ’s 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 Court’s 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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Description
1
05/12/2016
COMPLAINT filed by Max Louis Vosskuhler. (submitted by Howard Olinsky)
1
Civil Cover Sheet
2
Cover Letter)(REW
2 Attachments
2
05/12/2016
APPLICATION for Leave to Proceed In Forma Pauperis by Max Louis Vosskuhler. (submitted by Howard Olinsky)
3
05/12/2016
SUMMONS Submitted by Max Louis Vosskuhler. (submitted by Howard Olinsky)
1
Summons
2
Summons)(REW
2 Attachments
4
05/12/2016
This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV 16-1460-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.
5
05/13/2016
MOTION for Admission Pro Hac Vice as to attorney Howard D. Olinsky by Max Louis Vosskuhler.
1
Letter to Clerk
1 Attachment
6
05/13/2016
ORDER that the Application 2 is granted. Plaintiff may proceed in forma pauperis without prepayment of costs or fees or the necessity of giving security. IT IS FURTHER ORDERED that Plaintiff shall be responsible for service by waiver or of the summons and complaint. Signed by Judge Steven P. Logan on 5/13/16.
7
05/13/2016
SCHEDULING ORDER (See Order for details). Signed by Judge Steven P. Logan on 5/13/16.
8
05/16/2016
Summons Issued as to SSA Office of General Counsel, U.S. Attorney and U.S. Attorney General.
1
Summons
2
Summons)(HLA
2 Attachments
05/17/2016
PRO HAC VICE FEE PAID. $ 35, receipt number PHX171989 as to Howard D Olinsky. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
9
05/17/2016
ORDER pursuant to General Order 09-08 granting 5 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
10
06/13/2016
NOTICE OF ATTORNEY APPEARANCE: Lars J. Nelson appearing for Carolyn W Colvin.
11
06/14/2016
*SERVICE EXECUTED filed by Max Louis Vosskuhler: Proof of Service re: Summons, Complaint and Scheduling Order upon US Attorney's Office on 6/11/16, Office of General Counsel on 5/27/16, Attorney General on 5/31/16. *Modified to correct service dates on 6/15/2016*
12
07/25/2016
ANSWER to 1 Complaint by Carolyn W Colvin.
13
07/25/2016
NOTICE of Filing Certified Copy of Administrative Transcript re: 12 Answer to Complaint filed by Carolyn W Colvin.
1
Certification Page
2
Court Transcript Index
3
Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable
4
Payment Documents and Decisions
5
Jurisdictional Documents and Notices
6
Non Disability Related Development
7
Disability Related Development
8
Medical Records Part 1
9
Medical Records Part 2
10
Medical Records Part 3
10 Attachments
14
09/23/2016
OPENING BRIEF by Max Louis Vosskuhler.
1
Certificate of Service
1 Attachment
15
10/21/2016
RESPONSE BRIEF by Carolyn W Colvin.
16
08/14/2017
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.
17
08/14/2017
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.
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