Marler

Marler v. Chater

Good Law
953 F. Supp. 322·1995 WL 908706·1995 U.S. Dist. LEXIS 21508
United States District Court, Southern District of CaliforniaDecember 15, 1995No. CV 95-394 H (POR)California1,766 words

Opinion

lead Opinion

Huff, J.

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Plaintiff Terry Eugene Marler appeals the decision of the Administrative Law Judge who denied his application for Social Security Income Benefits. Defendant, the Commissioner of Social Security, opposes plaintiffs request for summary judgment and urges affirmance of the decision below in her request for summary judgment.

Having reviewed the papers submitted by the parties, the court denies the plaintiffs motion for summary judgment and affirms the Administrative Law Judge’s denial of benefits to plaintiff.

BACKGROUND

The plaintiff, Terry Eugene Marler, is a forty nine year old man with a high school education and three years of college education. (Tr. 12, 43-44). Following his college years, Marler worked as a telemarketing representative, an insurance agent and a newspaper advertisement salesman. (Tr. 12, 44-45). After suffering a fall in which he broke his hip and underwent surgery, plaintiff has complained of headaches and severe pain in his right hip, right leg, back and neck, all of which inhibited Marler’s ability to walk. (Tr. 12, 53-55, 95-99).

On December 18,…

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