Alicia L. D. v. Commissioner of Social Security

Summary

A United States magistrate judge issued a Report and Recommendation in a Social Security appeal brought under 42 U.S.C. §§ 405(g) and 1383(c)(3). The recommendation would grant in part the plaintiff’s motion for summary judgment, deny the Commissioner’s motion, and remand the matter for further proceedings. The principal issues concern the assessment of medical opinions, subjective symptoms, and the claimant’s residual functional capacity.

Holdings

1. The ALJ erred in stating that the record showed medication side effects were denied because the cited records merely stated that medication benefits, risks, and side effects were discussed.
2. The ALJ's analysis of Plaintiff's reported bathroom use was incomplete and required clarification concerning her gastroparesis and gastrointestinal symptoms.
3. The ALJ should clarify the evidentiary basis for the RFC finding that Plaintiff could stand or walk for six hours in an eight-hour workday and should clarify his treatment of her subjective statements concerning those activities.
4. The ALJ should revisit whether Plaintiff's social functioning warranted greater limitations, including limitations concerning interaction with coworkers and supervisors.

Questions Presented

1. Whether the ALJ adequately evaluated the opinion of state-agency psychological consultant Joseph DeLoach, including limitations concerning sustained concentration and persistence, social interaction, and adaptation.
2. Whether the ALJ adequately evaluated Plaintiff's subjective symptoms under 20 C.F.R. § 416.929 and SSR 16-3p, including medication side effects, bathroom use, standing and walking, and daily and social activities.
3. Whether the ALJ's RFC assessment was supported by substantial evidence and complied with applicable Social Security regulations.

Disposition

remanded