Robert M. v. Dudek (M.D. Fla. April 17, 2025) - waiver of right to counsel, ALJ's duty to develop the record, RFC - failure to include credited opinion, RFC - interacting with others, subjective complaints

Robert M. v. Dudek, Case No. 6:24-cv-01648-DCI (M.D. Fla. April 17, 2025) (Order by U.S. Magistrate Judge Daniel C. Irick, by consent)

Briefs for purchase: Plaintiff’s Brief and remand order

Topics addressed:

• RFC – failure to included credited opinion

• entRFC – relationship with PRTF findings

• RFC – interactions with co-workers, supervisors and the public

• Medical opinions – supportability

• Medical opinions – articulation requirements

• Medical opinions- required findings 

• Subjective symptoms – mischaracterization of the record 

• Subjective symptoms – daily activities

• Record - right to review  

• Right to Counsel 

• Waiver of right to counsel 

• ALJ’s duty to develop the record for unrepresented claimant 

Rulings addressed: none

Issues briefed:

1)  Robert M. did not knowingly and intelligently waive his right to counsel and was prejudiced by the ALJ’s failure to develop a full and fair record.

2)  The ALJ’s reasons for finding the opinion of Dr. Guidera, Robert M.’s treating psychologist, to be “unpersuasive” are not supported by substantial evidence.

3)  The mental residual functional capacity finding does not properly account for the credited marked limitations in interacting with others.

4)  The ALJ did not provide sufficient rationale for discrediting Robert M.’s subjective allegations.

Court decision:

After Plaintiff briefed the merits, the Commissioner sought a voluntary remand and the court remanded for further proceedings.