[Faith L.] v. Comm’r of Soc. Sec. (W.D. Mich. Nov. 8, 2022) - incontinence and work breaks, past work, subjective complaints

[Faith L.] v. Comm’r of Soc. Sec. (W.D. Mich. Nov. 8, 2022) - incontinence and work breaks, past work, subjective complaints

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[Faith L.] v. Comm’r of Soc. Sec., No. 2:21-CV-12942, 2022 WL 19518452 (W.D. Mich. Nov. 8, 2022) (Report and Recommendation by U.S. Magistrate Judge Patricia T. Morris, adopted in part, rejected in part, by U.S. District Judge Terrence G. Berg in No. 2:21-CV-12942-TGB-PTM, 2023 WL 2733382 (E.D. Mich. Mar. 31, 2023)

Briefs Included: Plaintiff’s Motion for Summary Judgment, Plaintiff’s Reply Brief, Plaintiff’s Objections to Magistrate Judge’s Report and Recommendation, and court decision  

Topics addressed: 

  • RFC - need to consider nonsevere impairments 

  • RFC - relationship with PRTF findings

  • RFC - off task findings

  • RFC - breaks due to incontinence
  • RFC - post-DLI evidence
  • Subjective symptoms - ALJ must consider reasons for not seeking treatment
  • Subjective symptoms - work activity
  • Subjective symptoms -medication side effects
  • Subjective symptoms - work activity 
  • Colitis  

      Rulings addressed:

      • Social Security Ruling 96-8p

      • Social Security Ruling 82-62  (Note: rescinded and replaced by SSR 24-2p) 

      Issues briefed:

      1)  The ALJ failed to properly account for Plaintiff’s fecal incontinence, despite the ample evidence of this condition and the vocational witness testimony that even one unscheduled break per day would preclude competitive work.

      2)  The ALJ committed reversible error in finding Plaintiff could perform her past relevant skilled and semi-skilled work despite the credited mild mental impairments.

      3) The ALJ did not properly discount Plaintiff’s subjective complaints and testimony.

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

      Back to Sixth Circuit Briefs - ED MI & WD MI