[Rhyan P.] v. Comm’r of Soc. Sec., No. 22-14090, 2023 WL 3839378 (11th Cir. May 12, 2023)

[Rhyan P.] v. Comm’r of Soc. Sec., No. 22-14090, 2023 WL 3839378 (11th Cir. May 12, 2023) (Before: Jill Pryor, Newsom, and Grant, Circuit Judges)

Briefs for purchase:

• Appellant’s Initial Brief 

• Remand order 

Topics addressed:

• RFC - need to address all opinions

• Medical opinions (new law) - persuasiveness

• Medical opinions (new law) - articulation requirements

• Subjective symptoms - daily activities 
  

Rulings addressed:

• Social Security Ruling 83-10

• Social Security Ruling 96-8p
  

Issues briefed:

1)  The Commissioner’s reasons for finding that the opinion of Dr. Gilad, Appellant’s treating neurosurgeon, was “less persuasive as the evidence does not support the degree of limitation” are not supported by substantial evidence.

2)The ALJ’s reasons for not incorporating the marked overhead reaching limitations found by Dr. Samuels, a consultative examiner, into the RFC assessment are not supported by substantial evidence.

Court decision:

This case was an appeal from a decision of the U.S. District Court for the Southern District of Florida by U.S. District Judge Aileen M. Cannon, who entered an Order adopting the Report and Recommendation of U.S. Magistrate Judge Patrick M. Hunt, denying Appellant’s claim for Social Security disability insurance benefits. On appeal before the Eleventh Circuit, prior to any briefing, the Commissioner chose not to defend the Commissioner’s decision and instead sought a voluntary remand.

In Appellee’s Unopposed Motion for Remand, the Commissioner argued “that remand is necessary and appropriate, and as a matter of agency discretion and in the interests of justice, the Commissioner petitions this Court for remand of this case.” Comm’r Motion at 1. The Commissioner represented that the parties agreed that on remand:

the Appeals Council will instruct the ALJ to further consider the medical opinions, applying the standards noted in 20 C.F.R. § 404.1520c; to further consider Appellant’s residual functional capacity; to further consider whether she can perform her past relevant work; if necessary, to obtain vocational expert evidence; to offer her the opportunity for a hearing; to take any further action needed to complete the administrative record; and to issue a new decision.

Comm’r Motion at 2. The Eleventh Circuit granted the motion and remanded the case to the district court with instructions to enter judgment and remand the matter to the Commissioner for the purpose of conducting further proceedings, as provided for by sentence four of 42 U.S.C. § 405(g). Order at 1.