[Yocasta M.] v. Kijakazi (S.D. Fla. Jan. 31, 2024) - visual impairment, waiver of right to counsel, subjective complaints, mental RFC

Briefs Included:  Plaintiff’s Motion for Summary Judgment, Plaintiff’s Reply Brief, Plaintiff’s Objections to Magistrate Judge’s Report and Recommendation to the District Judge, District court order  

Topics addressed:

• RFC - need to consider severe and nonsevere impairments

• RFC - relationship with PRTF findings

• Subjective symptoms - regulatory factors

• Subjective symptoms - work activity

• Subjective symptoms - regulatory factors

• Subjective symptoms - work activity

• Visual impairments

• Waiver of right to counsel 

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

Rulings addressed:

• Social Security Ruling 83-10

• Social Security Ruling 96-8p 
  

Issues briefed:

1)  The ALJ failed to properly assess the impact of Plaintiff’s visual impairment on her ability to work.

2) The ALJ failed to obtain a valid waiver of Plaintiff’s right to counsel and she was  prejudiced by the lack of counsel as the ALJ failed to fully develop the record.

3) The ALJ’s reasons for discrediting Plaintiff’s testimony are not based on substantial evidence.

4) The ALJ committed reversible error in failing to incorporate any mental limitations in Plaintiff’s RFC assessment.

Court decision:

After full briefing, the U.S. Magistrate Judge recommended affirmance of the ALJ’s decision. After objections were filed, the district judge declined to adopt the R&R’s conclusion that “the ALJ did not err by not including any mental limitations in
[Plaintiff’s] RFC” and remanded for further proceedings.