Brief & decision

MLR v. O’Malley

C.D. Ca. Jan. 31, 2025

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  • The brief or briefs as filed with the court
  • The court’s written decision
  • Searchable PDF, formatted for printing

Written and filed by Sarah H. Bohr

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Federal court brief

MLR v. O’Malley

C.D. Ca. Jan. 31, 2025

Lay witness evidence, RFC – failure to include credited opinions, mental RFC, subjective symptoms

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About this case

MLR v. O’Malley, No. 2:24-cv-01119-MRW (C.D. Ca. Jan. 31, 2025) (Opinion and Order by U.S. Magistrate Judge Shashi H. Kewalramani)


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

Topics addressed:

  • RFC – failure to include credited opinions

  • RFC – relationship with PRTF findings 

  • RFC – concentration, persistence and pace 

  • Testimony of lay witnesses

  • Subjective symptoms – daily activities 

  • Subjective symptoms – treatment regimen 

  • Testimony of lay witnesses 

  • Harmless error 

Rulings addressed: none

Issues briefed:

1)  The ALJ failed to properly address the lay evidence from MLR’s mother, as directed by the Appeals Council.

2)  The ALJ’s mental RFC assessment is not supported by substantial evidence.

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

Court decision:

After full briefing, the court issued an opinion and remanded for further proceedings.