[Jonathan G.] v. Comm’r of Soc. Sec., No. 23-11380, 2023 WL 7220739 (11th Cir. July 18, 2023)

[Jonathan G.] v. Comm’r of Soc. Sec., No. 23-11380, 2023 WL 7220739 (11th Cir. July 18, 2023) (Before Jill Pryor, Grant, and Brasher, Circuit Judges)

Briefs for purchase:

• Appellant’s Initial Brief 

• Appellant’s Reply Brief 

Topics addressed:

• Mental impairments - support from family members

• Medical opinions (new law) - persuasiveness

• Evaluation of lay testimony

• Subjective symptoms - work activity

• Subjective symptoms - school attendance

• Subjective symptoms - daily activities

• 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:
U.S. Magistrate Judge Melissa Damian, deciding this case by consent, issued an Order 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.

Order at 1.