S.R. v. O’Malley (D.N.J. July 31, 2024) - RFC - assistive device, past work, right to cross-examine VE

S.R. v. O’Malley, Case No. 1:23-cv-03004-KMW (D.N.J. July 31, 2024) (Decision by U.S. District Judge Karen M. Williams)

Briefs for purchase: Plaintiff’s Brief, Plaintiff’s Reply Brief and remand order

Topics addressed:

• RFC – lack of support for findings

• RFC – assistive device

• RFC – manipulative limitations

• RFC – need to consider severe and non-severe impairments

• Past relevant work – lack of support for RFC assessment 

• Vocational testimony – right to examine vocational witness 

Rulings addressed:

• Social Security Ruling 82-61 (Note: rescinded and replaced by SSR 24-2p)

• Social Security Ruling 83-10

• Social Security Ruling 96-8p 

• Social Security Ruling 96-9p 

Issues briefed:

1)  The ALJ’s finding that S.R.’s multiple serious physical impairments are  accommodated by a finding that she could sustain the full range of light work with no further restrictions, cannot be sustained.

2)  The ALJ’s RFC finding, which fails to address or account for any mental limitations, is not supported by substantial evidence.

3)  The ALJ did not make a finding supported by substantial evidence that S.R. could return to her past skilled work as a bank teller.

4)  The ALJ erred in not permitting S.R.’s hearing counsel to properly cross-examine the vocational witness, who was not an impartial witness.

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