Jose P.A. v. Dudek (M.D. Fla. Apr. 4, 2025) - hearing impairment, RFC - noise level & assistive device, subjective symptoms

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.