Isaiah R. v. O’Malley (D.S.C. July 19, 2024) - medical opinions, subjective symptoms, lay evidence, mental RFC, court remanded for an award of benefits

Isaiah R. v. O’Malley, Case No. 2:23-cv-01773-MGB (D.S.C. July 19, 2024) (Decision by U.S. Magistrate Mary Gordan Baker, by consent)

Briefs for purchase: Plaintiff’s Brief and Plaintiff’s Reply Brief and court decision remanding with directions to award benefits

Topics addressed:

• Treating physician’s opinion (old law) – good cause

• Testimony of lay witnesses

• Failure to follow treatment

• RFC – relationship with PRTF findings

• RFC – concentration, persistence and pace

• RFC – need to consider severe and non-severe impairments

• Harmless error

• Remand for award of benefits – entitlement clear from the record 

• Remand for award of benefits – delay 

Rulings addressed:

• Social Security Ruling 96-8p

• Social Security Ruling 06-03p (Note: rescinded effective March 27, 2017) 

• Social Security Ruling 16-3p 

Issues briefed:

1)  The ALJ failed to properly consider the opinion of Dr. Dalton, Isaiah R.’s former treating orthopedic surgeon.

2)  The ALJ’s evaluation of Isaiah R.’s subjective complaints cannot be sustained.

3)  The ALJ’s reasons for not crediting the lay evidence from Mrs. R. are not supported by substantial evidence.

4)  The ALJ failed to properly assess Isaiah R.’s mental RFC.

5)  This Court should remand for an award of benefits.

Court decision:
After full briefing, the court issued a decision and remanded with directions to award benefits.