Vanissa C. v. U.S. Commissioner

W.D. La. Aug. 22, 2022

Onset date, mental RFC, subjective complaints

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About this case

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)

Briefs for purchase: Appellant’s Social Security Brief, Motion to Remand, and Judgment granting Motion to Remand

Topics addressed:

RFC - relationship with PRTF findings
RFC - interacting with co-workers, supervisors and the public
Subjective symptoms - improper focus on objective evidence
Subjective symptoms - regulatory factors
Establishing onset
Mental domains - interacting with others

Rulings addressed:

Social Security Ruling 85-15
Social Security Ruling 96-8p
Social Security Ruling 96-9p
Social Security Ruling 18-01p

Issues briefed:

1) The ALJ’s determination of Plaintiff’s disability onset date is not linked to substantial evidence and violates SSR 18-01p.

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

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. The parties negotiated the remand terms and the court remanded for further proceedings.