[Alicia S.] v. Kijakazi

S.D. Fla. Sept. 27, 2023

New AC evidence, medical opinions, RFC, other work, subjective complaints

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About this case

[Alicia S.] v. Kijakazi, No. 22-21947-CV, 2023 WL 7129987 (S.D. Fla. Sept. 27, 2023) (Decision by U.S. Magistrate Judge Eduardo I. Sanchez, by consent)

Briefs for purchase: Plaintiff’s Motion for Summary Judgment and Plaintiff’s Reply Brief

Topics addressed:

New evidence submitted to the Appeals Council
RFC - lack of support for findings
Medical opinions - supportability
Medical opinions - consistency
Subjective complaints - good work history
Subjective complaints - daily activities
Vocational testimony - hypothetical question

Rulings addressed:

Social Security Ruling 16-3p

Issues briefed:

1) The Appeals Council committed reversible error in failing to remand this matter to the ALJ for consideration of the newly submitted evidence.

2) The ALJ’s reasons for finding the opinion of Dr. G., Plaintiff’s longtime treating pulmonologist, to be “unpersuasive” are not supported by substantial evidence.

3) The ALJ’s residual functional capacity (“RFC”) assessment is not supported by substantial evidence.

4) The ALJ’s stated reasons for discrediting Plaintiff’s testimony are not based on substantial evidence.

5) The Acting Commissioner failed to sustain her burden of establishing that there is other work in the national economy that Plaintiff can perform.

Court decision:

After full briefing, the court remanded for further proceedings.