Brief & decision

Delvin S. v. Kijakazi

S.D. Fla. Mar. 23, 2023

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Written and filed by Sarah H. Bohr

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Federal court brief

Delvin S. v. Kijakazi

S.D. Fla. Mar. 23, 2023

RFC - lack of support for findings, medical opinions, daily activities need not be objectively verified

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About this case

Delvin S. v. Kijakazi, Case No. 1:21-cv-22755-Louis (S.D. Fla. Mar. 23, 2023) (Decision by U.S. Magistrate Judge Lauren F. Louis, by consent)

Briefs for purchase:  Plaintiff’s Motion for Summary Judgment; Plaintiff’s Reply Brief; and Order Remanding Case 

Topics addressed:

  • RFC- lack of support for findings

  • RFC - reliance on outdated assessments of State agency medical consultants

  • Medical opinions - supportability

  • Medical opinions - consistency 

  • Subjective symptoms - daily activities need not be objectively verified

  • Subjective complaints - treatment regimen

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

      • Post hoc justification

      Ruling addressed:

      • Social Security Ruling 16-3p 

      Issues briefed:

      1)  The ALJ’s reasons for finding the opinion of Dr. Allaf, Plaintiff's longtime treating pulmonologist, to be "unpersuasive" are not supported by substantial evidence.

      2) The ALJ’s residual functional capacity (“RFC”) assessment is not supported by substantial evidence.

      3) The ALJ’s stated reasons for discrediting Plaintiff’s testimony is not based on substantial evidence.

      4) The Acting Commissioner failed to sustain her burden of establishing that there is other work in the national economy that Plaintiff can perform.

      Court decision:

      After full briefing, the court remanded for further proceedings.