[Glenn C.] v. Dudek (D.N.J. Mar. 17, 2025) - pre-onset evidence, RFC, subjective symptoms, VE testimony – mischaracterization of record

[Glenn C.] v. Dudek, Case No. 2:22-cv-7410, 2025 WL 830006 (D.N.J. Mar. 17, 2025) (Decision by U.S. Magistrate Judge Norah McCann King, by consent)

Briefs for purchase: Plaintiff’s Brief, Plaintiff’s Reply Brief and court decision

Topics addressed:

• Pre-onset evidence

• RFC – lack of support for findings

• RFC – manipulative limitations

• Subjective symptoms – required findings

• Subjective symptoms – regulatory factors

• Vocational testimony – mischaracterization of record

• Transferability of Skills

• Harmless error

  Rulings addressed:

• Social Security Ruling 82-41

• Social Security Ruling 83-10

• Social Security Ruling 96-8p 

• Social Security Ruling 16-3p 

Issues briefed:

1)  The Commissioner failed to meet her burden of establishing that there is other work in the national economy that Glenn C. can perform.

2)  The ALJ committed reversible error in failing to even consider or address any evidence which pre-dated the alleged onset date of March 24, 2018.

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

4)  The ALJ’s reasons for not crediting Glenn C.’s subjective complaints are not supported by substantial evidence.

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