Stacy S. v. Kijakazi (C.D. Ca. Dec. 2, 2023) - brain injury, severe impairment, RFC, subjective complaints

Stacy S. v. Kijakazi, Case No.: 2:23-cv-01632-MWE (JPR) (C.D. Ca. Dec. 2, 2023) (Order by Michael W. Fitzgerald, United States District Judge)

Briefs for purchase: Plaintiff’s Brief and remand order 

Topics addressed:

• Severity standard
• RFC - failure to include credited opinions
• Testimony of lay witnesses 
• Subjective complaints - daily activities
• Subjective symptoms - work activity
• Duration requirement
• Cognitive impairment 
• Brain injury
• ALJ mischaracterization of the record

• Social Security Ruling 83-10

• Social Security Ruling 96-8p

• Social Security Ruling 16-3p

Issues briefed:

1) The ALJ’s finding that Stacy S.’s brain injury/head aneurysm is not a  severe impairment is not supported by substantial evidence.

2) The ALJ’s RFC assessment is not supported by substantial evidence.

3) The ALJ failed to properly evaluate Stacy S.’s subjective complaints.

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.