Shalonda C. v. Kijakazi, Case No. 2:22-cv-08634-SPG-BFM (C.D. Ca. Apr. 11, 2024) (Order by District Judge Sherilyn Peace Garnett)

Shalonda C. v. Kijakazi, Case No. 2:22-cv-08634-SPG-BFM (C.D. Ca. Apr. 11, 2024) (Order by District Judge Sherilyn Peace Garnett)

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Briefs for purchase:

  • Joint Stipulation (Plaintiff’s portion only) 

  • Remand order 

Issues Briefed:

  1. 1)  Whether the ALJ’s RFC assessment is supported by substantial evidence.

  2. 2)  Whether the ALJ complied with SSR 19-4p in evaluating Plaintiff’s migraine headaches.

  3. 3)  Whether the ALJ complied with SSR 16-3p in evaluating Plaintiff’s subjective complaints.

  4. 4)  Whether the ALJ committed reversible error in failing to ask the vocational witness if his testimony conflicted with the DOT.

  5. 5)  Whether this Court should remand under sentence six of 42 U.S.C. §405(g) to 38

consider new evidence.

Decision:
After Plaintiff briefed the merits, the Commissioner chose not to defend the ALJ’s decision and instead, sought a voluntary remand. The parties agreed that:

On remand by this Court, the Appeals Council will vacate the final decision and remand the case to an administrative law judge (ALJ). The Council will order the ALJ to reevaluate Plaintiff’s impairments, severe and non-severe; reassess her subjective symptom and limitation statements, pursuant to SSR 16-3p, and her residual functional capacity; obtain vocational evidence; offer her the opportunity for a new hearing; take any further action needed to complete the administrative record; and issue a new decision.

Order at 1.

Topics addressed:

  • Specific impairments - migraine headaches

  • Medical opinions (new law) - persuasiveness

  • Medical opinions - must consider supportive notes

  • ALJ decision - misstatement of evidence

  • RFC - relationship with PRTF findings

  • Subjective complaints - improper focus on overall credibility

  • Vocational testimony - consistent with DOT

    Rulings addressed:

  • Social Security Ruling 96-8p

  • Social Security Ruling 16-3p

  • Social Security Ruling 19-4p

  • Social Security Ruling 00-4p