[Raul J.] v. O’Malley

S.D. Fla. Feb. 3, 2025

Failure to follow prior court remand order, medical opinions, subjective symptoms, other work

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About this case

[Raul J.] v. O’Malley, No. 1:24-CV-21251, 2025 WL 745977 (S.D. Fla. Feb. 3, 2025), report and recommendation adopted sub nom. Raul J. v. Dudek, No. 24- 21251-CIV, 2025 WL 626029 (S.D. Fla. Feb. 26, 2025) (Report and Recommendation by U.S. Magistrate Judge Panayotta Augustin-Birch, adopted by U.S. District Judge Melissa Damian)

Briefs for purchase: Plaintiff’s Motion for Summary Judgment, Plaintiff’s Reply Brief, R&R, and Order adopting R&R

Topics addressed:

Medical opinions – supportability
Evaluation of Bipolar Disorder
Pre-onset evidence
Medical opinions – supportability
Subjective symptoms – self care
Subjective symptoms – daily activities
Subjective symptoms – mischaracterization of record
Court remand orders - duty to follow
Vocational testimony – incomplete hypothetical question

Rulings addressed: none

Issues briefed:

1) The ALJ failed to comply with this Court’s remand order in evaluating the opinion of Dr. Miro, a consultative examiner.

2) The ALJ’s reasons for not crediting the opinion of Dr. Castro, Raul J.’s longtime treating psychologist, are not based on substantial evidence.

3) The ALJ’s reasons for not crediting the statements of Raul J. are again not supported by substantial evidence.

4) The Commissioner again failed to sustain his burden of establishing that there is other work in the national economy that Raul J. can perform.

Court decision:
After full briefing, the Magistrate Judge issued an R&R recommending remand for further proceedings. No objections were filed, and the court adopted the R&R.