Matthew L. v. O’Malley, Case No. 1:23-cv-21585-NMK (D.N.J. April 25, 2024) (Order by U.S. Magistrate Judge Norah McCann King)

Matthew L. v. O’Malley, Case No. 1:23-cv-21585-NMK (D.N.J. April 25, 2024) (Order by U.S. Magistrate Judge Norah McCann King)

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Briefs for purchase:

  • Plaintiff’s Brief and remand order 

Issues briefed:

  1. 1)  The Commissioner failed to file a complete record as required by 42 U.S.C. §

    405(g), as the transcript of the February 1, 2022, hearing is not in the record.

  2. 2)  Despite finding the opinion of Samuel Wilchfort, M.D., a consultative examiner, to be persuasive, the ALJ committed reversible error in failing to provide any reasons for not incorporating the limitations he found in the RFC assessment.

  3. 3)  The ALJ failed to properly evaluate Plaintiff’s subjective complaints.

  4. 4)  The Commissioner failed to meet his burden of establishing that there is other work in the national economy that Plaintiff could perform.

Court decision:
After Plaintiff briefed the merits, the Commissioner chose not to defend the ALJ’s

5

decision and instead, sought a voluntary remand. The parties agreed that:

On remand, the agency will take any necessary action to complete the administrative record; obtain additional vocational evidence, if warranted; and issue a new decision.

Order at 1.

Topics addressed:

  • Failure to file a complete record

  • Medical opinions - failing to included credited opinions

  • RFC - failing to address medical opinion

  • Medical opinions (new law) - persuasiveness

  • Subjective symptoms - required findings

  • Subjective symptoms - regulatory factors

  • Subjective symptoms - daily activities

  • Vocational testimony - hypothetical question

    Rulings addressed:
    Social Security Ruling 96-8p Social Security Ruling 96-9p Social Security Ruling 16-3p