[Tuylia R.] v. O’Malley

D.N.J. July 22, 2024

Morbid obesity, medical opinions, subjective complaints, sentence 6 remands due to new evidence

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About this case

[Tuylia R.] v. O’Malley, No. 2:22-CV-2322, 2024 WL 3493796 (D.N.J. July 22, 2024) (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
Medical opinions – articulation requirements
Subjective symptoms – regulatory factors
Subjective symptoms – required findings
Obesity
Harmless error
Sentence six remands due to new evidence

Rulings addressed:

Social Security Ruling 96-8p
Social Security Ruling 02-01p
Social Security Ruling 19-2p

Issues briefed:

1) The ALJ failed to properly consider the impact of Tuylia R.’s severe impairment of morbid obesity on her ability to sustain work activities.

2) The ALJ’s reasons for not crediting the opinion of Dr. Vekhnis, who examined Tuylia R. at the Commissioner’s request, are not supported by substantial evidence.

3) The ALJ failed to properly evaluate Tuylia R.’s subjective complaints and testimony.

4) The court should also remand Tuylia R.’s case pursuant to the sixth sentence of 42 U.S.C. § 405(g) in light of the new and material evidence.

Court decision: After full briefing, the court issued an opinion and remanded for further proceedings.