Brief & decision

Wayne M. v. Kijakazi

C.D. Ca. May 31, 2023

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  • The brief or briefs as filed with the court
  • The court’s written decision
  • Searchable PDF, formatted for printing

Written and filed by Sarah H. Bohr

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Federal court brief

Wayne M. v. Kijakazi

C.D. Ca. May 31, 2023

Medical opinions, RFC, subjective complaints

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About this case

Wayne M. v. Kijakazi, Case No. CV 22-55 CAS (MRW) (C.D. Ca. May 31, 2023) (R&R by U.S. Magistrate Judge Michael R. Wilner, adopted by Christina A. Snyder, Senior United States District Judge)

Briefs for purchase:  Joint Stipulation (with initial brief and reply brief), R&R, and Order adopting R&R  

Topics addressed:

  • RFC - ALJ must build an accurate and logical bridge from the evidence to his or her conclusion
  • RFC - off task findings 
  • Definition of medical source opinion
  • Medical opinions - supportability
  • Testimony of lay witnesses
  • Subjective symptoms - required findings 
  • Subjective complaints - daily activities
  • Evaluation of bipolar disorder
  • Subjective symptoms - required findings 

Rulings addressed: 

  • Social Security Ruling 96-8p

  • Social Security Ruling 16-3p

  • Acquiescence Ruling 97-4(9)

Issues briefed:
1) Whether the ALJ’s reasons for finding the opinion of Dr. Wexler, a treating
psychiatrist, not persuasive, are supported by substantial evidence.

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

3) Whether the ALJ properly evaluated Plaintiff’s subjective complaints.

Court decision:

After full briefing, a Magistrate Judge issued a Report and Recommendation recommending remand for further proceedings. No objections were filed, and the court entered an order remanding for further proceedings.