Brief & decision

I. A. v. O’Malley

D.N.J. Apr. 26, 2024

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Written and filed by Sarah H. Bohr

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Federal court brief

I. A. v. O’Malley

D.N.J. Apr. 26, 2024

Mischaracterization of VE testimony, borderline age, RFC, medical opinion

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About this case

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 remandmterms and the court remanded for further proceedings.