Jon B.T.W v. O’Malley

C.D. Ca. May 30, 2024

VA disability rating, evaluation of CE's (old law), RFC - failure to include credited opinions, subjective symptoms

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About this case

Jon B.T.W v. O’Malley, No. 2:23-cv-03392 JGB (ADS) (C.D. Ca. May 30, 2024) (Report and Recommendation by U.S. Magistrate Judge Autumn D. Spaeth, adopted by U.S. District Judge Michael W. Fitzgerald)

Briefs for purchase: Plaintiff’s Opening Brief, Plaintiff’s Reply Brief, Report and Recommendation, and Order adopting R&R

Topics addressed:

RFC – medium work
RFC – failure to include credited opinions
RFC – mental limitations
Weight of VA disability finding
Weight of evidence from a consultative provider (old law)
Subjective symptoms – daily activities
Subjective symptoms – treatment regimen
Subjective symptoms – mischaracterization of evidence
Waiver – failure to raise an issue before the ALJ

Rulings addressed:

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

Issues briefed:

1) The ALJ committed reversible error in failing to mention, much less discredit, Jon B.T.W.’s 100% VA disability rating.

2) The ALJ failed to set forth the requisite “specific and legitimate reasons” for not crediting the findings of two examining physicians, Drs. Karamlou and Nadella.

3) The ALJ’s RFC assessment is not supported by substantial evidence.

4) The ALJ failed to properly evaluate Jon B.T.W.’s subjective complaints.

Court decision:
After full briefing, the court issued an opinion and remanded for further proceedings.