I. A. v. O’Malley (D.N.J. Apr. 26, 2024) - mischaracterization of VE testimony, borderline age, RFC, medical opinion

Regular price $75.00 Sale

I. A. v. O’Malley, Case No. 1:23-20999-RBK (D.N.J. Apr. 26, 2024) (Order by U. S. District Judge Robert B. Kugler)

Briefs for purchase: Plaintiff’s Brief and remand order

Topics addressed:

RFC - required findings
RFC – lack of support for findings
Age categories - mechanical application
Vocational testimony – mischaracterization of record

Remand for an award of benefits – delay

Rulings addressed:

Social Security Ruling 96-8p
Social Security Ruling 96-9p
Social Security Ruling 16-3p

Issues briefed:

1) The step five finding is based on a mistake of fact.

2) The age categories were erroneously applied mechanically in a borderline situation.

3) The residual functional capacity finding is the product of a lay evaluation and is not supported by substantial evidence.

4) The ALJ erroneously discredited Dr. Bogacki’s opinion.

Court decision:

After Plaintiff briefed the merits, the Commissioner chose not to defend the ALJ’s decision and instead, sought a voluntary remand. The parties negotiated the remand
terms and the court remanded for further proceedings.