Michael Guy Davison v. Carolyn W. Colvin

Filing 25

MEMORANDUM OPINION AND ORDER by Magistrate Judge Ralph Zarefsky. (ib)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MICHAEL GUY DAVISON,
Plaintiff,

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vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant.

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CASE NO. ED CV 13-02175 RZ
MEMORANDUM OPINION
AND ORDER

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While lifting a heavy tub of oil during the graveyard shift at a Taco Bell,

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Plaintiff strained his back and developed an inguinal hernia. The hernia was surgically

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repaired. Plaintiff claims that the back sprain disables him. The Administrative Law Judge

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found otherwise, and Plaintiff asserts that the Administrative Law Judge was wrong

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because he did not accept the opinion of Plaintiff’s treating physician. The Court agrees

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with the Commissioner.

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It is of course true that the Commissioner owes deference to the opinions of

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a treating physician, Auckland v. Massanari, 257 F.3d 1033, 1036 (9th Cir. 2001), and also

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true here that the Administrative Law Judge was wrong in stating that the treating

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physician was not a specialist and that his opinion was inconsistent with Plaintiff’s

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activities of daily living, which were only sedentary activities. [AR 20-21] However, the

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Administrative Law Judge was within his discretion in concluding that the opinion was not

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supported by the findings of the treating physician himself, especially given that the

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treating physician’s opinion was an initial opinion not long after the incident, and included

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a treatment plan of physical therapy and continued work at a modified level. [AR 418-19]

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Plaintiff recovered from his hernia, and substantial evidence elsewhere in the record clearly

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supported the conclusion that Plaintiff could work [AR 20], performing other work in the

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economy.

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The decision of the Commissioner is affirmed.

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DATED: September 16, 2014

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RALPH ZAREFSKY
UNITED STATES MAGISTRATE JUDGE

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