James J. v. Kijakazi

S.D. Fla Nov. 20, 2023

Medical opinions, RFC, subjective symptoms, past work

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About this case

James J. v. Kijakazi, Case No. 1:22-CV-21659-GAYLES/TORRES (S.D. Fla Nov. 20, 2023) (Order by Judge Darrin P. Gayles adopting R&R of U.S. Magistrate Judge Edwin G. Torres)

Briefs for purchase: Plaintiff’s Motion for Summary Judgment and Order Adopting the R&R

Topics addressed:

RFC - lack of support for findings
RFC - assistive device
Past relevant work - required findings
Medical opinions - supportability
Medical opinions - consistency
Medical opinions - articulation requirements

Subjective symptoms - required findings
Subjective symptoms - regulatory factors
Vocational testimony - hypothetical question

Rulings addressed:

Social Security Ruling 82-62 (Note: rescinded and replaced by SSR 24-2p)
Social Security Ruling 83-10

Issues briefed:

1) The ALJ’s reasons for not crediting the limitations found by Dr. Padron, Plaintiff’s treating physician, are not supported by substantial evidence.

2) The ALJ’s finding that Plaintiff can perform the exertional demands of light work is not supported by substantial evidence.

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

4) The ALJ’s finding that Plaintiff can return to his past relevant work as a security officer and security guard are not supported by substantial evidence.

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 Magistrate Judge issued a R&R recommending remand which was granted by the court.