James J. v. Kijakazi, Case No. 1:22-CV-21659-GAYLES/TORRES (S.D. Fla Nov. 20, 2023)

James J. v. Kijakazi, Case No. 1:22-CV-21659-GAYLES/TORRES (S.D. Fla Nov. 20, 2023) (Order by Judge Darrin P. Gayles adopting R&R of U.S. Magistrate Judge Edwin G. Torres)

Briefs for purchase:

• Plaintiff’s Motion for Summary Judgment

• Order Adopting the R&R 

Topics addressed:

• RFC - lack of support

• Medical opinions (new law) - persuasiveness

• Medical opinions (new law) - specificity required in findings

• Subjective symptoms - required findings

• Subjective symptoms - regulatory factors

• Vocational testimony - hypothetical question

Rulings addressed:

• Social Security Ruling 82-62

• Social Security Ruling 83-10
  

Issues briefed:

1)  The ALJ’s reasons for not crediting the limitations found by Dr. Padron, Plaintiff’s treating physician, are not supported by substantial evidence.

2) The ALJ’s finding that Plaintiff can perform the exertional demands of light work is not supported by substantial evidence.

3) The ALJ’s reasons for not crediting the statements of Plaintiff are not supported by substantial evidence.

4) The ALJ’s finding that Plaintiff can return to his past relevant work as a security officer and security guard are not supported by substantial evidence.

Court decision:
After Plaintiff briefed the merits, the Commissioner chose not to defend the ALJ’s decision and instead, sought a voluntary remand. The parties agreed that:

On remand, the Administrative Law Judge will offer the claimant an opportunity for a new hearing, further evaluate the medical opinion evidence pursuant to 20 C.F.R. §§ 404.1520(b)(2), 416.920(b)(2), take any further action needed to complete the administrative record, and issue a new decision.