Brief & decision
Sheryl C. v. Kijakazi, Acting Comm’r of Soc. Sec.
D.N.J. Mar. 14, 2023
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- The brief or briefs as filed with the court
- The court’s written decision
- Searchable PDF, formatted for printing
Written and filed by Sarah H. Bohr
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Federal court brief
Sheryl C. v. Kijakazi, Acting Comm’r of Soc. Sec.
D.N.J. Mar. 14, 2023
Duty to develop record for unrepresented claimant, medical opinions, subjective complaints, lay evidence
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About this case
Sheryl C. v. Kijakazi, Acting Comm’r of Soc. Sec., Case No. 1:20-cv-20151 (D.N.J. Mar. 14, 2023) (Decision by U.S. Magistrate Judge Norah McCann King, by consent)
Briefs for purchase: Plaintiff’s Brief, Plaintiff’s Reply Brief and court decision
Topics addressed:
- Medical opinions - supportability
- Medical opinions - consistency
- Testimony of lay witnesses
- Subjective complaints - daily activities
- Waiver of right to counsel
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Duty to develop the record for unrepresented claimant
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Social Security Ruling 16-3p
Issues briefed:
1) The ALJ failed in his duty to develop the record for Plaintiff, who appeared pro se, by not updating the medical evidence as required.
2) The ALJ failed to properly evaluate the opinion evidence from APN Mendoza.
3) The ALJ did not properly evaluate Plaintiff’s subjective complaints and testimony.
4) The ALJ committed reversible error in failing to mention and weigh the lay testimony of Plaintiff’s mother.
Court decision:
After full briefing, the court issued a decision and remanded for further proceedings.