[Robert U.] v. Comm’r of Soc. Sec.

[Robert U.] v. Comm’r of Soc. Sec., No. 2:22-CV-241-MAP, 2023 WL 3815256 (M.D. Fla. June 5, 2023) (Decision by U.S. Magistrate Judge Mark A. Pizzo, by consent)

Briefs for purchase:  Plaintiff’s Memorandum and Plaintiff’s Reply Memorandum

Topics addressed: 

• Specific impairments: evaluation of anxiety

• Specific impairments: social phobia

• RFC - interacting with with co-workers, supervisors and the public 

• RFC - relationship with PRTF findings 

• RFC - work environment is different from medical clinic or home environment 

• Evaluation of mental impairments - fluctuating symptoms typical\

• Mental impairments - generalized findings about speech, thought content, and intelligence not inconsistent with mental illness

• Weight of a single decision maker 

• Treating physician’s opinion (old law) – good cause

• Testimony of lay witnesses

• Evaluation of anxiety
  

• Evaluation of social phobia

Rulings addressed:

• Social Security Ruling 96-8p

• Social Security Ruling 96-2p (old law)
  

Issues briefed:

1)  The ALJ improperly relied on the opinion of a lay State agency single decision maker whose opinion is not entitled to any weight.

2) The ALJ’s mental residual functional capacity assessment finding does not properly account for [Plaintiff’s] inability to interact with others.

3) The ALJ’s reasons for according “little weight” to the opinions of Dr. Turnberg, Plaintiff’s longtime treating psychiatrist, are not supported by substantial evidence.

4) The ALJ’s reasons for according “little weight” to the testimony of Plaintiff’s girlfriend, SW, are not supported by substantial evidence. 

Court decision:

After full briefing, the court remanded for further proceedings.