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

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

• Duty to develop the record for unrepresented claimant

• 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.