Shalonda C. v. Kijakazi (C.D. Ca. Apr. 11, 2024) - migraine headaches, RFC, subjective complaints, VE/DOT conflict, sentence 6 remandence
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Shalonda C. v. Kijakazi, Case No. 2:22-cv-08634-SPG-BFM (C.D. Ca. Apr. 11, 2024) (Order by District Judge Sherilyn Peace Garnett)
Briefs for purchase: Joint Stipulation (Plaintiff’s portion only) and remand order
Topics addressed:
- RFC - relationship with PRTF findings
- Medical opinions - supportability
- Medical opinions - consistency
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Medical opinions - must consider supportive notes
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Subjective complaints - improper focus on overall credibility
- Vocational testimony - inconsistency with the DOT
- Migraine headaches
- Social Security Ruling 96-8p
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Social Security Ruling 16-3p
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Social Security Ruling 19-4p
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Social Security Ruling 00-4p (Note: rescinded and replaced by SSR 24-3p)
Issues Briefed:
1) Whether the ALJ’s RFC assessment is supported by substantial evidence.
2) Whether the ALJ complied with SSR 19-4p in evaluating Plaintiff’s migraine headaches.
3) Whether the ALJ complied with SSR 16-3p in evaluating Plaintiff’s subjective complaints.
4) Whether the ALJ committed reversible error in failing to ask the vocational witness if his testimony conflicted with the DOT.
5) Whether this Court should remand under sentence six of 42 U.S.C. § 405(g) to consider new 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 court remanded for further proceedings.