Jose P.A. v. Dudek

M.D. Fla. Apr. 4, 2025

Hearing impairment, RFC - noise level & assistive device, subjective symptoms

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About this case

Jose P.A. v. Dudek, Case No. 6:24-cv-01442-JRK (M.D. Fla. Apr. 4, 2025) (Order by U.S. Magistrate Judge James R. Klint, by consent)

Briefs for purchase: Plaintiff’s Brief and remand order

Topics addressed:

RFC – failure to included credited opinions
RFC - failure to address medical opinions
RFC – relationship with PRTF findings
RFC – assistive device
RFC – noise level
Subjective symptoms – daily activities
Subjective complaints - treatment regimen
Mental domains – interacting with others
Hearing impairment

Rulings addressed: none

Issues briefed:

1) The ALJ failed to properly address the opinions of Drs. Marrero and Harney whose opinions regarding the severity of Jose P.A.’s hearing impairment conflict with the ALJ’s RFC finding.

2) The ALJ failed to properly evaluate Jose P.A.’s subjective complaints.

3) The ALJ failed to properly evaluate the severity of Jose P.A.’s depressive disorder, warranting remand.

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.