Kenneth R. v. Comm’r of Soc. Sec.

Kenneth R. v. Comm’r of Soc. Sec., Case No. 3:23-cv-21078-ZNQ (D.N.J. Apr. 15, 2024) (Order by U. S. District Judge Zahid N. Quraishi)

Briefs for purchase:  Plaintiff’s Brief and remand order 

Topics addressed:

• RFC - limitations from morbid obesity

• Subjective symptoms - improper focus on objective evidence

• Subjective symptoms - regulatory factors

• Subjective symptoms - ALJ must consider reasons for not seeking treatment

• Vocational testimony - hypothetical question

• Vocational testimony - mischaracterization of the record

• Vocational testimony - accommodation cannot be considered

• Obesity

• Obstructive sleep apnea 

Rulings addressed:

• Social Security Ruling 96-8p
• Social Security Ruling 96-9p
• Social Security Ruling 00-1c
• Social Security Ruling 11-2p
• Social Security Ruling 16-3p
• Social Security Ruling 19-2p

Issues briefed:

1)  The ALJ’s residual functional capacity assessment is not supported by substantial evidence.

2) The ALJ committed reversible error in evaluating Plaintiff’s subjective complaints by requiring objective evidence to fully substantiate the degree of his pain and associated limitations.

3) The Commissioner failed to meet his burden of establishing that there is other work in the national economy that Plaintiff could perform without any accommodations.

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.