Gary Pace v. Frank Bisignano, Commissioner, Social Security Administration

Summary

This Recommended Disposition addresses Gary Pace’s challenge to the Commissioner of the Social Security Administration’s denial of disability benefits. The court concludes that substantial evidence supports the ALJ’s residual functional capacity determination and that the ALJ properly considered Pace’s postictal symptoms, the medical-opinion evidence, and the narrative RFC requirements. It recommends affirming the Commissioner’s decision and entering judgment for the Defendant.

Holdings

1. The ALJ properly considered Pace's alleged postictal symptoms and reasonably rejected additional RFC limitations based on the infrequency of seizures, the medical observations following seizure episodes, and the lack of evidence supporting prolonged postictal impairment.
2. The ALJ properly evaluated the medical-opinion evidence and reasonably found Dr. Shihabuddin's opinion unpersuasive to the extent it did not establish greater exertional limitations than those included in the RFC.
3. The ALJ satisfied the narrative-discussion requirement by explaining the evidentiary basis for the RFC, including the treatment records, medical opinions, and Pace's statements.

Questions Presented

1. Whether substantial evidence supported the RFC despite Pace's alleged postictal symptoms and asserted need for two to three days of recovery after seizures.
2. Whether the ALJ properly evaluated the persuasiveness of treating neurologist Dr. Bashir Shihabuddin's medical opinions under the applicable regulations.
3. Whether the ALJ satisfied Social Security Ruling 96-8p by providing a narrative discussion explaining the evidence supporting the RFC.

Disposition

affirmed