Nikita M. v. O’Malley (D.N.J. Feb. 21, 2024) - interacting with supervisors, medical opinions, subjective complaints, lay evidence, sentence 6 remands

Nikita M. v. O’Malley, No. 2:23-CV-10722 (D.N.J. Feb. 21, 2024) (Order by U.S. Magistrate Judge Norah McCann King)

Briefs for purchase:  Plaintiff’s Brief and remand order 

Topics addressed:

• RFC – interacting with co-workers, supervisors and the public 
• Medical opinions - supportability  
• Medical opinions - articulation requirements 
• Testimony of lay witnesses 
• Subjective symptoms - regulatory factors
• Subjective symptoms - required finding
• Mental domains - interacting with others
• Sentence 6 remands due to new evidence

Rulings addressed:

• Social Security Ruling 96-8p
• Social Security Ruling 96-9p
• Social Security Ruling 16-3p

Issues briefed:

1)  The ALJ’s reasons for not crediting the opinions from Psychiatric Mental Health Nurse Practitioner Ajanaku-Makun, Plaintiff’s treating mental health provider, are not based on substantial evidence.

2) The ALJ’s mental RFC finding is deficient as it failed to address any limitations in interacting with supervisors.

3) The ALJ’s reasons for not crediting Plaintiff’s subjective complaints are not supported by substantial evidence.

4)  The ALJ’s reasons for not crediting the lay evidence of record are not supported by substantial evidence.

5) The Court should remand pursuant to the sixth sentence of 42 U.S.C. § 405(g) in light of new and material evidence.

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.