Helen T. v. Comm’r of Soc. Sec.

11th Cir. May 18, 2023

Treatment regimen (excessive absences), RFC - voluntary remand

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About this case

Helen T. v. Comm’r of Soc. Sec., Case No. 22-13874 (11th Cir. May 18, 2023) (Before Jordan, Newsom, and Lagoa, Circuit Judges)

Briefs Included: Appellant’s Initial Brief, Appellee’s Unopposed Motion for Remand and Remand Order

Topics addressed:

RFC - lack of support for findings
RFC - sustained work activities
RFC - absenteeism
Subjective symptoms - treatment regimen

Rulings addressed:

Social Security Ruling 83-10
Social Security Ruling 96-8p

Issues briefed:

1) The Commissioner failed to properly address the impact of Appellant’s treatment regimen on her ability to perform sustained work activities.

2) The Commissioner’s finding that Appellant can perform a range of light work on a sustained basis is not supported by substantial evidence.

Court decision:

This case was an appeal from a decision of the U.S. District Court for the Middle District of Alabama. The district court issued an Opinion and Order, affirming the Commissioner’s decision denying Appellant’s claim for Social Security disability insurance benefits. On appeal before the Eleventh Circuit, after Appellant filed her initial brief, the Commissioner chose not to defend the Commissioner’s decision and instead, sought a voluntary remand. The parties agreed to the following remand terms:

Once the district court remands the case to the Commissioner for further administrative proceedings, the Appeals Council will instruct the Administrative Law Judge to give further consideration to the residual functional capacity; give further consideration to Claimant’s symptoms; obtain medical expert testimony regarding her functional limitations resulting from her combination of severe impairments; offer her the opportunity for a hearing; address the evidence submitted to the Appeals Council; take any further action needed to complete the administrative record; and issue a new decision.

Motion to Remand at 1-2. The Eleventh Circuit granted the Motion in an Order dated May 18, 2023, and remanded the case “to the district court with instructions to enter judgment and remand the matter to the Commissioner for the purpose of conducting further proceedings, as provided for by sentence four of 42 U.S.C. § 405(g).” Order at 1.