[Angela S.] v. O’Malley (D.N.J. Oct. 24, 2024) - medical opinions, RFC – reliance on ALJ’s lay interpretation of the record, sentence six new evidence remand

[Angela S.] v. O’Malley (D.N.J. Oct. 24, 2024) - medical opinions, RFC – reliance on ALJ’s lay interpretation of the record, sentence six new evidence remand

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[Angela S.] v. O’Malley, No. CV 23-22441 (RK), 2024 WL 4563910 (D.N.J. Oct. 24, 2024) (Decision by U.S. District Judge Robert Kirsch)

Briefs for purchase: Plaintiff’s Brief, Plaintiff’s Reply Brief and court decision

Topics addressed:

  • Medical opinions – supportability
  • Medical opinions – consistency
  • Medical opinions – articulation requirements
  • RFC – reliance on ALJ’s lay interpretation of the record
  • Sentence six remands due to new evidence 

Ruling addressed:

• Social Security Ruling 96-8p

Issues briefed:

1)  The ALJ did not properly consider Dr. Tishuk’s opinion.

2)  The residual functional capacity finding is the product of a lay evaluation and is not supported by substantial evidence.

3)  Remand pursuant to Sentence Six is merited due to new and material evidence submitted to the Appeals Council.

Court decision: After full briefing, the court issued an opinion and remanded for further proceedings.