[Jose A.] v. Comm’r of Soc. Sec. (M.D. Fla. Feb. 21, 2023) - failure to translate records into English, hearing impairment, RFC, subjective complaints

[Jose A.] v. Comm’r of Soc. Sec., No. 6:21-CV-1909-EJK, 2023 WL 2136429 (M.D. Fla. Feb. 21, 2023) (EAJA Order) (Decision by U.S. Magistrate Judge Embry J. Kidd, by consent)

Briefs for purchase: Plaintiff’s Memorandum and Plaintiff's Reply Memorandum

Topics addressed:

• RFC - relationship with PRTF findings

• RFC - noise level

• RFC - treatment regimen

• Hearing impairment

• Harmless error

Rulings addressed: none

Issues briefed:

1) Whether remand is required as the ALJ failed to translate all documents in the record from Spanish to English.

2) Whether the ALJ failed to properly address the severity of Plaintiff’s hearing impairment.

3) Whether the ALJ’s RFC assessment is supported by substantial evidence.

4) Whether the ALJ properly evaluated the severity of Plaintiff’s subjective complaints.

Court decision: