[Derrick M.] v. Comm’r of Soc. Sec. (E.D.N.Y. July 7, 2022) - arm/hand impairment, assistive device, improper substitution of medical opinion by the ALJ

[Derrick M.] v. Comm’r of Soc. Sec., No. 20-CV-05961 (FB), 2022 WL 2541390 (E.D.N.Y. July 7, 2022) (Decision by Senior District Judge Frederic Block)

Briefs included:  Memorandum of Law in Support of Plaintiff’s Motion for Judgment on the Pleadings and Plaintiff’s Reply Brief 

Topics addressed:

• RFC - need to consider severe and non-severe impairments
• RFC - assistive device
• RFC - manipulative limitations 
• Improper substitution of medical opinion by the ALJ
• Subjective complaints - improper focus on objective evidence
• Subjective complaints - regulatory factors
• Vocational testimony - hypothetical question
• Arm/hand impairment

Rulings addressed:

• Social Security Ruling 83-10

• Social Security Ruling 96-8p

• Social Security Ruling 96-9p

• Social Security Ruling 16-3p

Issues briefed:

1)  The ALJ erred by failing to fully account for Derrick M.’s arm impairments in the residual functional capacity finding.

2) The ALJ improperly disregarded Derrick M.’s occasional need for a cane, despite the findings and opinion of Dr. Wells, a State agency examiner, who opined that a cane was needed for balance.

3) The ALJ’s reasons for discrediting Derrick M.’s subjective complaints are not supported by substantial evidence.

4) The testimony provided by the vocational witness cannot provide support for the ALJ’s findings as it was based on incomplete hypothetical questioning.

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