[Tina P.] v. Comm’r of Soc. Sec. (E.D. Mich. Apr. 17, 2024) - assistive device, migraine headache, flawed ME testimony, failure to follow court remand order

[Tina P.] v. Comm’r of Soc. Sec., No. 1:23-CV-12419, 2024 WL 1660527 (E.D. Mich. Apr. 17, 2024) (Decision by U.S. Magistrate Judge Patricia T. Morris, by consent)

Briefs for purchase:  Plaintiff’s Motion for Summary Judgment and Supporting Memorandum of Law; Plaintiff’s Reply Brief; and court decision  

Topics addressed:

• RFC - ALJ must build an accurate and logical bridge from the evidence to his conclusion

• RFC - assistive device

• RFC - manipulative limitations

• RFC - limitations from migraine headaches

• Weight of evidence from a nurse practitioner

• Migraine headaches

• Medical expert testimony - flawed reasoning

• Court remand orders - duty to follow

Rulings addressed:

• Social Security Ruling 96-8p
  
• Social Security Ruling 06-3p (Note: rescinded effective March 27, 2017)
• Social Security Ruling 19-4p
• Acquiescence Ruling 98-4(6)
  

Issues briefed:

1)  The ALJ failed to comply with Acquiescence Ruling 98-4(6) in addressing Plaintiff’s mental impairments.

2) The ALJ erred in relying on highly flawed medical expert testimony that conflicted with well established legal standards pertaining to the evaluation of Social Security disability claims.

3) The ALJ reversibly erred by failing to comply with the remand orders requiring the ALJ to properly account for Plaintiff’s need for a cane.

4)  The ALJ erroneously evaluated Plaintiff’s migraine headache disorder and failed to account for its impact on her RFC, despite the remand orders.

5) The ALJ’s reasons for according “little weight” to the opinion of Plaintiff’s treating medical provider, Kristina Y, DNP, FNP-C, are not supported by substantial evidence.

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