Stacy S. v. Kijakazi, Case No.: 2:23-cv-01632-MWE (JPR) (C.D. Ca. Dec. 2, 2023)

Stacy S. v. Kijakazi, Case No.: 2:23-cv-01632-MWE (JPR) (C.D. Ca. Dec. 2, 2023) (Order by Michael W. Fitzgerald, United States District Judge)

Briefs for purchase: 

• Plaintiff’s Brief

• Remand order 

Topics addressed:

• Specific impairments - brain injury

• Specific impairments - cognitive limitations

• Severity standard

• Duration requirement

• RFC - failure to include credited opinions

• RFC - daily activities

• Testimony of lay witnesses 

• Subjective symptoms - work activity

• ALJ mischaracterization of the record

Rulings addressed:

• Social Security Ruling 83-10

• Social Security Ruling 96-8p

• Social Security Ruling 16-3p

Issues briefed:

1) The ALJ’s finding that Stacy S.’s brain injury/head aneurysm is not a severe impairment is not supported by substantial evidence.

2) The ALJ’s RFC assessment is not supported by substantial evidence.

3) The ALJ failed to properly evaluate Stacy S.’s subjective complaints.

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 agreed that:

On remand, the Commissioner will offer Plaintiff the opportunity for a hearing, reassess the severity of Plaintiff’s medically determinable impairments at step two, reconsider her subjective symptom testimony and residual functional capacity, and will proceed with the subsequent steps of the five-step sequential evaluation, as necessary.

Order at 1.