Stephen P. v. Bisignano (D.N.J. June 12, 2025) - Waiver of right to counsel, duty to develop the record for unrepresentative claimant, requirements for legal representatives, younger claimants, medical opinions, subjective complaints

Stephen P. v. Bisignano, Case No. 2:24-CV-10888 (D.N.J. June 12, 2025) (Order by U.S. District Judge Jamel K. Semper)

Briefs for purchase: Plaintiff’s Brief and remand order

Topics addressed:

• Right to Counsel

• Waiver of right to counsel

• Requirements for legal representatives

• Special rules for young claimants under age 25

• Special rules for claimants under age 25 – extra help

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

• Due process violation – not scheduling supplemental hearing as promised

• RFC – work environment is different from medical clinic or home environment

• Medical opinions – supportability

• Medical opinions – consistency

• Failure to obtain mental health treatment

• Subjective symptoms – treatment regimen

• Testimony of lay witnesses

  Rulings addressed:

• Social Security Ruling 85-15 

• Social Security Ruling 11-2p 

Issues briefed:.

1)  The ALJ failed to obtain a knowing and intelligent waiver of Stephen P.’s right to counsel and he was prejudiced by his lack of counsel.

2)  The ALJ committed reversible error in not scheduling a second hearing as promised to the unrepresented claimant and his mother.

3)  The ALJ failed to properly evaluate the opinion of Dr. Kirschner, who examined Stephen P. post-hearing, at the ALJ’s specific request.