Jacqueline B. v. O’Malley (D.S.C. Apr. 30, 2024) - transferable skills, manipulative limitations, mental limitations, treatment regimen, failure to comply with remand order, remand with instructions to award benefits

Jacqueline B. v. O’Malley, Case No. 6:23-cv-2518-KFM (D.S.C. Apr. 30, 2024) (Decision by U.S. Magistrate Kevin F. McDonald, by consent)

Briefs for purchase: Plaintiff’s Brief and Plaintiff’s Reply Brief and court decision

Topics addressed: 

• RFC – treatment regimen

• RFC – manipulative limitations

• RFC – relationship with PRTF findings

• RFC – sustained work activities

• Transferable skills

• Court remand orders – duty to follow

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

• Remand for award of benefits – delay

Rulings addressed: 

• Social Security Ruling 83-20 (Note: rescinded and replaced by SSR 18-01 and 18-02p)

• Social Security Ruling 96-8p 

Issues briefed:

1)  The ALJ did not carry the Commissioner’s burden to show that Jacqueline B. could perform other work existing in significant numbers in the national economy.

2)  The ALJ erred in failing to find that Jacqueline B. was limited to occasional reaching, handling, and/or fingering.

3)  The ALJ failed to comply with controlling law in evaluating the severity of Jacqueline B.’s mental impairments.

4)  On remand, the ALJ issued yet another decision that failed to properly consider the effects of Jacqueline B.’s treatment regimen on her ability to perform sustained work activities on a regular and continuing basis.

5)  This Court should remand with instructions to award benefits during the period at issue.

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