[Ross A.] v. Kijakazi (M.D. Fla. Sept. 28, 2023) - fibromyalgia, PT opinion, RFC, subjective symptoms

[Ross A.] v. Kijakazi, No. 8:22-CV-1393-CPT, 2023 WL 6307181 (M.D. Fla. Sept. 28, 2023) (Decision by U.S. Magistrate Judge Christopher P. Tuite, by consent)

Topics addressed:

• RFC - post-DLI evidence
• Weight of evidence from a physical therapist 
• Testimony of lay witnesses
• Establishing onset
• Evaluation of fibromyalgia
• Fibromyalgia – waxing and waning nature - longitudinal record must be considered
• Filing application before entitlement
• Law of the case
• Post hoc rationalization 
• Court remand orders – duty to follow
• Remand for award of benefits - entitlement clear from the record 

Rulings addressed:

• Social Security Ruling 83-20 (Note: rescinded and replaced by SSR 18-01p and 18-02p)   

• Social Security Ruling 06-03p (Note: rescinded effective March 27, 2017)

• Social Security Ruling 83-10

• Social Security Ruling 12-2p
  

Issues briefed:

1)  Whether the ALJ complied with this Court’s prior remand order in evaluating the severity of Plaintiff’s fibromyalgia and in failing to evaluate the lay evidence from his family members.

2) Whether the ALJ’s reasons for according “little weight” to the Functional Capacity Evaluation completed by physical therapist Doug Buethe are supported by substantial evidence.

3) Whether the ALJ’s RFC assessment is supported by substantial evidence.

4) Whether the ALJ properly evaluated the severity of Plaintiff’s subjective complaints.

Court decision:
After full briefing, the court remanded for further proceedings.