MLR v. O’Malley (C.D. Ca. Jan. 31, 2025) - lay witness evidence, RFC – failure to include credited opinions, mental RFC, subjective symptoms

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.