Helen K. v. Kijakazi (C.D. Ca. Jan. 24, 2023) - cognitive impairment, failure to include credited opinion, lay evidence

Topics addressed: 

• Specific impairments - stroke

• Specific impairments - cognitive limitations

• RFC - failure to include credited opinions

• Medical opinions (new law) - persuasiveness

• RFC - relationship with PRTF findings

• RFC - need for special supervision

• RFC - lay evidence

• Subjective complaints - failure to take medications

• Subjective complaints - daily activities
  

Rulings addressed:

• Social Security Ruling 96-8p

• Social Security Ruling 16-3p

• Social Security Ruling 18-3p

Issues Briefed:

1)  Whether the ALJ properly considered the evidence from Dr. Williamson, whose opinions the ALJ found “persuasive.”

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

3) Whether the ALJ properly considered the lay evidence of record in assessing Plaintiff’s RFC.

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

Court decision:

After full briefing, the court remanded for further proceedings.