Peter H. v. Kijakazi

D.S.C. Aug. 11, 2023

Dupuytren’s contracture, RFC, subjective complaints, other work

$75

One-time purchase · instant download

Won in the court listed above — the arguments that worked, as filed
Adapt the structure and authorities to your own case
No subscription, no account required

About this case

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 and Remand Order

Topics addressed:

RFC – need to consider severe and nonsevere impairments
RFC – need to determine on a function by function basis
RFC - reliance on outdated assessments of State agency medical consultants
Subjective complaints - improper focus on objective evidence
Subjective complaints - regulatory factors
Subjective complaints - daily activities
Arm/hand impairment

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. The parties negotiated the remand terms and the court remanded for further proceedings.