Palmieri

Palmieri v. Kijakazi

Good Law
United States District Court, Southern District of CaliforniaSeptember 28, 20233:22-cv-00119California8,379 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANTHONY PALMIERI, Case No. 3:22-CV-00119-WVG

Plaintiff,

ORDER ON JOINT MOTION FOR

v. JUDICIAL REVIEW KILOLO KIJAKAZI, ACTING

COMMISSIONER OF SOCIAL

SECURITY,

16 Defendant. 17 18 19 I. INTRODUCTION This action arises from the Commissioner of Social Security’s (“Commissioner” or “Defendant”) denial of Anthony Michael Palmieri’s (“Plaintiff”) application for Supplemental Security Income (“SSI”) benefits under Title XVI of the Social Security Act (“Act”). On October 17, 2022, the Parties filed a Joint Motion for Judicial Review (“Joint Motion”). (Doc. No. 18.) The Joint Motion addresses whether Administrative Law Judge James Delphey (“ALJ Delphey”) erred in evaluating (1) the testimony of treating physician Dr. Donnelly, (2) the medical opinion of consultative examiner Dr. Durr, and (3) Plaintiff’s subjective testimony. See Doc. No. 18. For the reasons below, the Joint Motion for Judicial Review is…

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