[Luis S.] v. Dudek, Acting Comm’r of Soc. Sec. (S.D. Fla. May 13, 2025) - SSR 24-2p & new 5-year rule regarding past work, assistive device, medical opinions

[Luis S.] v. Dudek, Acting Comm’r of Soc. Sec., No. 1:24-CV-22626, 2025 WL 1754675 (S.D. Fla. May 13, 2025) (Opinion by U.S. Magistrate Judge Jonathan Goodman, by consent)

Briefs for purchase: Plaintiff’s Motion for Summary Judgment, Plaintiff’s Reply Brief; and court decision

Topics addressed:

• RFC - assistive device

• Past relevant work – as generally performed

• Past relevant work – not performed at SGA level

• Past relevant work – 5-year rule

• Medical opinions – supportability

• Medical opinions – consistency

• Medical opinions – articulation requirements

• Remand for an award of benefits – entitlement clear from the record 

Rulings addressed:

• Social Security Ruling 96-8p 

• Social Security Ruling 96-9p 

Issues briefed:

1)  The step four determination is not supported by substantial evidence.

2)  The residual functional capacity finding is not supported by substantial evidence.

3)  The medical opinion evidence was not properly evaluated.

4)  Reversal with instructions for payment of benefits is an appropriate remedy.

Court decision:

After full briefing, the court remanded for further proceedings.