[Jonathan G.] v. Comm’r of Soc. Sec. (11th Cir. July 18, 2023) - medical opinions, lay evidence, subjective symptoms, other work - voluntary remand

• RFC - failure to include credited opinions

• Testimony of lay witnesses 

• Subjective symptoms - daily activities

• Subjective symptoms - school attendance

• Subjective symptoms - work activity

• Vocational testimony - hypothetical question 

Rulings addressed:

• Social Security Ruling 83-10

• Social Security Ruling 16-3p 
  

Issues briefed:

1) The ALJ’s reasons for finding the opinions of Dr. Ludwig unpersuasive are not supported by substantial evidence.

2) The ALJ committed reversible error in failing to provide any reasons for his implicit rejection of the lay evidence of record from Jose Lopez Casanova, Jonathan G.’s cousin.

3) The ALJ’s reasons for not crediting the testimony of Jonathan G. are not supported by substantial evidence.

4) The Acting Commissioner failed to sustain her burden of establishing that there is other work in the national economy that Jonathan G. could perform.

Court decision:

After the district court issued a decision affirming the Commissioner’s decision, Plaintiff appealed, and prior to any circuit briefing, the Commissioner chose not to defend the ALJ’s decision and instead, sought a voluntary remand. The parties agreed that on remand, the agency will:

take any steps necessary to fully develop the administrative record; provide Claimant an opportunity for a new hearing and to submit additional evidence in support of his claim; reevaluate the medical opinions; and issue a new decision.