[Antonio F.] v. Kijakazi(S.D. Fla. Sept. 16, 2022) - failure to consider mild mental limitations in assessing RFC, new evidence submitted to the AC, subjective complaints

[Antonio F. v. Kijakazi, No. 21-80456-CIV, 2022 WL 17987822 (S.D. Fla. Sept. 16, 2022), on reconsideration, No. 21-CV-80456-BER, 2023 WL 2388657 (S.D. Fla. Jan. 3, 2023) (Decision by U.S. Magistrate Judge Bruce Reinhart, by consent)

Briefs for purchase: Plaintiff’s Motion for Summary Judgment; Plaintiff's Reply Brief; Plaintiff's Motion for Rehearing; Plaintiff's Reply to Defendant's Response to Plaintiff's Motion for Rehearing  

Topics addressed: 

• Severity standard 

• RFC – need to consider severe and nonsevere impairments 

• RFC - relationship with PRTF findings

• Subjective symptoms - daily activities

• Appeals Council - new evidence

• Harmless error
  

Ruling addressed:

• Social Security Ruling 96-8p
  

Issues briefed:

1)  The Appeals Council committed reversible error in failing to remand this matter to the ALJ for consideration of the newly submitted evidence.

2) The ALJ’s reasons for discrediting Plaintiff’s testimony are not based on substantial evidence.

3) The ALJ’s finding that Antonio F.’s medically determinable mental impairment of depression is not a severe impairment is not supported by substantial evidence.

4) The ALJ committed reversible error in failing to incorporate any mental limitations in her RFC assessment.

Court decision:

The court initially affirmed the denial of benefits. Plaintiff filed a Motion for Reconsideration, asserting the court erred in finding that the ALJ properly considered
Plaintiff’s mental limitations in assessing his residual functional capacity, which was granted, and the case was remanded for further proceedings.