Mary A. v. Kijakazi (D.S.C. Mar. 31, 2023) - evaluation of CE, GAF scores, subjective complaints, remand for an award of benefits

Mary A. v. Kijakazi, Case. No. 0:22-cv-00377-PJG (D.S.C. Mar. 31, 2023) (Decision by U.S. Magistrate Judge Paige J. Gossett, by consent)

Briefs for purchase:  Plaintiff’s Brief, Plaintiff’s Reply Brief and court decision 

Topics addressed:

• Medical opinions (old law) - issue reserved to the Commissioner
• Subjective symptoms - daily activities
• Subjective symptoms - ALJ must consider reasons for not seeking treatment
  
• Vocational testimony - hypothetical question
• Mental impairments - GAF scores
• Appeals Council remand orders – duty to follow
• Court remand orders – duty to follow
• Remand for award of benefits – entitlement clear from the record
• Remand for award of benefits – entitlement clear from the record

Rulings addressed: (none)

Issues briefed:

1)  The ALJ reversibly erred by again improperly weighing the medical opinion evidence of Dr. Waid, an examining psychologist.

2) The ALJ committed reversible error in again relying on an outdated GAF score of 53.

3) The ALJ again reversibly erred by failing to properly assess Plaintiff’s subjective complaints.

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

5) This Court should remand with instructions to award benefits.

Court decision:

After full briefing, the court issued an opinion and remanded for an award of benefits.