Peter H. v. Kijakazi, Case No. 2:23-cv-00663-MGB (D.S.C. Aug. 11, 2023)

Peter H. v. Kijakazi, Case No. 2:23-cv-00663-MGB (D.S.C. Aug. 11, 2023) (Order by U.S. Magistrate Judge Mary Gordan Baker, by consent)

Briefs for purchase: 

• Plaintiff’s Brief

• Remand Order 

Topics addressed:

• Specific impairments - hand impairment

• Severity standard

• RFC – need to determine on a function by function basis

• RFC – need to consider severe and nonsevere impairments

• RFC - reliance on outdated assessments of State agency medical consultants

• Subjective complaints - regulatory factors

• Subjective complaints - improper focus on objective evidence

• Subjective complaints - daily activities
  

Rulings addressed:

• Social Security Ruling 83-10
• Social Security Ruling 84-28
• Social Security Ruling 96-8p 
• Social Security Ruling 16-3p 

Issues Briefed:

1)  The ALJ committed reversible error in failing to comply with controlling law in assessing Plaintiff’s residual functional capacity.

2) The ALJ failed to properly evaluate the severity of Plaintiff’s Dupuytren’s contracture of the right hand.

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

4) The Commissioner failed to sustain her 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 decision and instead, sought a voluntary remand.