Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BARNETT v. APFEL

July 6, 1998

DONALD E. BARNETT, Plaintiff,
v.
KENNETH S. APFEL,1 COMMISSIONER OF SOCIAL SECURITY, Defendant.



The opinion of the court was delivered by: HURD

MEMORANDUM-DECISION and ORDER

 This matter is brought pursuant to §§ 205(g) & 1631(b)(3) of the Social Security Act ("Act"), as amended, 42 U.S.C. §§ 405(g) & 1383(c)(3), to review a final determination of the Commissioner of Social Security ("Commissioner"), denying the plaintiff's claim of Social Security Disability Insurance. The parties have filed their briefs, including the Administrative Record on Appeal, and the matter has been submitted to this Court without oral argument.

 I. PROCEDURAL HISTORY

 The plaintiff initially applied for disability benefits in 1979, but was denied. Without appealing, the plaintiff re-applied for disability benefits in 1989, but was again denied. In July 1993, the plaintiff re-applied again but once more was denied. Plaintiff's request for reconsideration of this determination was unsuccessful, precipitating a request for a hearing before an Administrative Law Judge ("ALJ"). On December 7, 1995, following a hearing before ALJ Joachim J. Volhard, it was determined that prior to September 30, 1989, the plaintiff had the work capacity for a full range of sedentary work, was capable of performing his past relevant work as a draftsman, and was therefore not entitled to disability benefits as defined under the Act.

 On November 1, 1996, the Appeals Council rejected plaintiff's request for review of the December 7, 1995 hearing decision. Consequently, the ALJ's decision became the final decision of the Commissioner. Plaintiff now brings this appeal. This court must determine if the findings of the Commissioner of Social Security are supported by substantial evidence.

 II. FACTS

 This Court adopts the facts set forth in the plaintiff's brief with any exceptions as noted.

 III. CONTENTIONS

 Plaintiff contends that the ALJ's decision was erroneous for the following reasons:

 
1. The ALJ erred in failing to give the opinion of the plaintiff's treating physician proper weight.
 
2. The ALJ erred in discrediting the opinion of the examining clinical psychologist concerning the diagnosis of plaintiff's mental illness and the severity and extent of plaintiff's functional limitations.
 
3. The ALJ's determination that the plaintiff's subjective complaints of pain were not credible was not supported by substantial evidence.

 IV. DISCUSSION

 1. Standard of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.