Brief & decision

Carlos F. v. O’Malley

S.D. Fla. Mar. 31, 2025

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Federal court brief

Carlos F. v. O’Malley

S.D. Fla. Mar. 31, 2025

Vestibular impairment, meeting/equalling a listing, definition of medical source, VE/DOT inconsistency

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About this case

Carlos F. v. O’Malley, Case No. 1:23-cv-24563-LOUIS (S.D. Fla. Mar. 31, 2025) (opinion by U.S. Magistrate Judge Lauren F. Louis, by consent)

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

Topics addressed:

  • Evaluation of vestibular impairment

  • Listing – meeting a listing

  • Listing – medical equivalence

  • Definition of a medical source opinion

  • Issues Reserved to the Commissioner

  • RFC – failure to address medical opinion

  • RFC – lack of support for findings

  • RFC – reliance on ALJ’s lay interpretation of the record

  • RFC – noise level

  • RFC – mental limitations

  • Vocational testimony – inconsistency with the DOT 

  • Harmless error 

Rulings addressed:

  • Social Security Ruling 96-8p 

  • Social Security Ruling 00-4p (Note: rescinded and replaced by SSR 24-3p)

Issues briefed:.

1)  The step three finding is unsupported by substantial evidence.

2)  The ALJ did not properly evaluate the medical opinion evidence.

3)  The residual functional capacity finding is not supported by substantial evidence.

4)  The step five determination is unsupported by substantial evidence.

Court decision:

After full briefing, the court remanded for further proceedings.