Michael Guy Davison v. Carolyn W. Colvin, No. 5:2013cv02175 - Document 25 (C.D. Cal. 2014)
Court Description: MEMORANDUM OPINION AND ORDER by Magistrate Judge Ralph Zarefsky. (ib)
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O 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 MICHAEL GUY DAVISON, Plaintiff, 12 13 14 vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) CASE NO. ED CV 13-02175 RZ MEMORANDUM OPINION AND ORDER 17 While lifting a heavy tub of oil during the graveyard shift at a Taco Bell, 18 Plaintiff strained his back and developed an inguinal hernia. The hernia was surgically 19 repaired. Plaintiff claims that the back sprain disables him. The Administrative Law Judge 20 found otherwise, and Plaintiff asserts that the Administrative Law Judge was wrong 21 because he did not accept the opinion of Plaintiff s treating physician. The Court agrees 22 with the Commissioner. 23 It is of course true that the Commissioner owes deference to the opinions of 24 a treating physician, Auckland v. Massanari, 257 F.3d 1033, 1036 (9th Cir. 2001), and also 25 true here that the Administrative Law Judge was wrong in stating that the treating 26 physician was not a specialist and that his opinion was inconsistent with Plaintiff s 27 activities of daily living, which were only sedentary activities. [AR 20-21] However, the 28 Administrative Law Judge was within his discretion in concluding that the opinion was not 1 supported by the findings of the treating physician himself, especially given that the 2 treating physician s opinion was an initial opinion not long after the incident, and included 3 a treatment plan of physical therapy and continued work at a modified level. [AR 418-19] 4 Plaintiff recovered from his hernia, and substantial evidence elsewhere in the record clearly 5 supported the conclusion that Plaintiff could work [AR 20], performing other work in the 6 economy. 7 The decision of the Commissioner is affirmed. 8 9 DATED: September 16, 2014 10 11 RALPH ZAREFSKY UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-
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