[Mark S.] v. Comm’r of Soc. Sec.

M.D. Fla. Aug. 9, 2023

Adult disabled child's case, young adult claim

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About this case

[Mark S.] v. Comm’r of Soc. Sec., No. 8:22-CV-785-DNF, 2023 WL 5091355 (M.D. Fla. Aug. 9, 2023) (Decision by U.S. Magistrate Judge Douglas N. Frazier, by consent)

Briefs for purchase: Plaintiff's Memorandum and Plaintiff's Reply Brief

Topics addressed:

Adult child's disability benefits
Establishing onset
Prior claim file
RFC - failure to include credited opinions
RFC - relationship with PRTF findings
RFC - interacting with others
oung adult claims - parents’ statements
Medical opinions - supportability

Subjective complaints - improper focus on objective evidence
Mental domains - interacting with others

Rulings addressed:

Social Security Ruling 96-8p
Social Security Ruling 11-2p
Social Security Ruling 18-01p

Issues briefed:

1) The ALJ failed to comply with SSR 18-01p in determining the established onset date of Plaintiff’s disability.

2) The ALJ’s mental residual functional capacity assessment is not supported by substantial evidence.

3) The ALJ failed to properly consider the statements of Plaintiff’s parents as required by SSR 11-2p.

4) The ALJ’s reasons for finding the opinion of Dr. Lopez, Plaintiff’s longtime treating psychiatrist, to be unpersuasive, are not supported by substantial evidence.

5) The ALJ’s reasons for not crediting Plaintiff’s testimony are not supported by substantial evidence.

Court decision:

After full briefing, the court remanded for further proceedings.