Reginald R. v. O’Malley (D.S.C. Aug. 20, 2024) - weight of CE (old law), manipulative limitations, lay evidence, court remanded for an award of benefits

Reginald R. v. O’Malley, Case No. 2:21-02905-MGB (D.S.C. Aug. 20, 2024) (Decision by U.S. Magistrate Mary Gordan Baker, by consent)

Briefs for purchase: Plaintiff’s Brief and Plaintiff’s Reply Brief and court decision remanding with directions to award benefits

Topics addressed:

• Weight of evidence from a consultative provider (old law)

• Issues reserved to the commissioner

• RFC – lack of support for findings

• RFC – manipulative limitations

• Testimony of lay witnesses

• Subjective symptoms – required findings

• Subjective symptoms – daily activities

• Waiver – failure of Commissioner to respond to issue in Plaintiff’s briefing

• Remand for award of benefits – entitlement clear from the record 

• Remand for award of benefits – delay 

Ruling addressed:

• Social Security Ruling 96-8p

Issues briefed:

1)  The ALJ’s reasons for according “minimal weight” to the opinion of Dr. Teichner, who administered the only neuropsychological examination in the record, are not based on substantial evidence.

2)  The ALJ’s finding that Reginald R. can frequently reach, finger, and feel is not supported by substantial evidence.

3)  Ms. R.’s testimony was not properly addressed, and Reginald R.’s allegations of post-stroke residual limitations were erroneously rejected.

4)  This Court should remand for an award of benefits.

Court decision:
After full briefing, the court issued a decision and remanded with directions to award benefits.