Leith v. Berryhill, No. 1:2016cv01565 - Document 31 (E.D. Va. 2017)
Court Description: MEMORANDUM OPINION- re: Cross-Motions for Summary Judgment Signed by Magistrate Judge Ivan D. Davis on 12/28/2017. (acha, )
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Leith v. Berryhill Doc. 31 p r UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division 11 P t i~Ml DEC 28 2017 ll CLtRi'-, r _ 7 '/ t 7 It DARRELL GLEN LEITH, Plaintiff, l:16-cv-01565 (IDD) V. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION This matter is before the Court on the parties' cross-motions for summary judgment. (Dkt. Nos. 20, 25). Pursuant to 42 U.S.C. § 405(g), Darrell Glen Leith ("Plaintiff) seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner" or "Defendant") denying his claim for disability insurance benefits ("DIB") under Title II of the Social Security Act ("the Act"), 42 U.S.C. §§ 401-34. For the reasons stated below, Plaintiffs Motion for Summary Judgment (Dkt. No. 20) is DENIED, and Defendant's Motion for Summary Judgment (Dkt. No. 25) is GRANTED. I. PROCEDURAL BACKGROUND Plaintiff filed an application for DIB on October 11, 2012, alleging disability since January 1, 2007, due to degenerative disc disease, degenerative joint disease, coronary artery disease, and diabetes. (Administrative Record ("R.") 732-33,773-77.) After the state agency twice denied Plaintiffs claim, Plaintiff requested an administrative hearing. (R. 660-70.) The ALJ held a hearing on June 24, 2015. (R. 122-57.) On July 30, 2015, the ALJ issued a decision finding that Plaintiff was not disabled within the meaning ofthe Act. (R. 31-50.) Dockets.Justia.com
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