James J. v. Kijakazi (S.D. Fla Nov. 20, 2023) - medical opinions, RFC, subjective symptoms, past work
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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 and Order Adopting the R&RTopics addressed:
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RFC - lack of support for findings
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RFC - assistive device
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Past relevant work - required findings
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Medical opinions - supportability
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Medical opinions - consistency
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Medical opinions - articulation requirements
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Subjective symptoms - required findings
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Subjective symptoms - regulatory factors
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Vocational testimony - hypothetical question
Rulings addressed:
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Social Security Ruling 82-62 (Note: rescinded and replaced by SSR 24-2p)
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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 negotiated the remand
terms and the Magistrate Judge issued a R&R recommending remand which was granted by the court.