Vanissa C. v. U.S. Commissioner, Case No. 3:21-cv-04454-TAD-KDM (W.D. La. Aug. 22, 2022) (Order by District Judge Terry A. Doughty)

Vanissa C. v. U.S. Commissioner, Case No. 3:21-cv-04454-TAD-KDM (W.D. La. Aug. 22, 2022) (Order by District Judge Terry A. Doughty)

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Briefs for purchase:

  • Appellant’s Social Security Brief

  • Motion to Remand

  • Judgment granting Motion to Remand 

Issues briefed:

  1. 1)  The ALJ’s determination of Plaintiff’s disability onset date is not linked to

    substantial evidence and violates SSR 18-1p.

  2. 2)  The ALJ’s mental residual functional capacity finding is deficient.

  3. 3)  Plaintiff’s subjective complaints and testimony were not properly considered by the ALJ.

Court decision:
After Plaintiff briefed the merits, the Commissioner chose not to defend the ALJ’s decision and instead, sought a voluntary remand. In support of a remand, the Commissioner stated:

2. In the decision, the Administrative Law Judge (ALJ) found that Plaintiff became disabled as of July 24, 2020. However, the Agency’s review of the evidence and the ALJ’s decision indicates the ALJ did not fully consider the evidence regarding the onset of disability.

3. In light of this issue, the Appeals Council has determined that remand should be obtained for rehearing and a new administrative decision. On remand, an ALJ will consider Plaintiff’s onset date in accordance with Social Security Ruling 18-1p; offer Plaintiff the opportunity for a hearing; take any further action needed to complete the administrative record; and issue a new decision. The remand order will not disturb the favorable portion of the ALJ’s decision.

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Memorandum in Support of Motion to Remand at 1.

Topics addressed:

  • Onset date

  • Mental domains - interacting with others

  • RFC - interacting with co-workers, supervisors and the public

  • RFC - relationship with PRTF findings

  • Subjective symptoms - regulatory factors

  • Subjective symptoms - improper focus on objective evidence

    Rulings addressed:

  • Social Security Ruling 85-15

  • Social Security Ruling 96-8p

  • Social Security Ruling 96-9p

  • Social Security Ruling 18-01p