Elizabeth D. v. Frank Bisignano

Summary

The United States District Court for the Eastern District of Virginia reviewed a Social Security Administration benefits denial after the plaintiff objected to a magistrate judge’s report and recommendation. The court overruled the objections, holding that the ALJ properly evaluated the plaintiff’s moderate limitations in concentration, persistence, and pace and that the decision was supported by substantial evidence. The court adopted the report and recommendation, denied the plaintiff’s motion for summary judgment, granted the Commissioner’s motion, and affirmed the Commissioner’s decision.

Holdings

1. The ALJ did not violate Mascio or Shinaberry by omitting separate pace-related limitations from the RFC because the ALJ provided an extensive, evidence-based explanation for the limitations adopted and adequately explained why the evidence did not require additional restrictions.
2. The ALJ was not required to separately rate concentration, persistence, and pace because the governing regulation requires rating the whole area of mental functioning based on the greatest degree of limitation in any part of that area.
3. Substantial evidence supported the ALJ's decision because the ALJ relied on evidence in the record, including Plaintiff's activities and evidence relating to persistence and pace, and the district court could not reweigh that evidence or substitute its judgment for the ALJ's.

Questions Presented

1. Whether the ALJ adequately addressed Plaintiff's moderate limitations in concentration, persistence, or pace in the RFC assessment under Mascio v. Colvin and Shinaberry v. Saul.
2. Whether the ALJ was required to separately evaluate concentration, persistence, and pace rather than assign one rating to the mental-functioning area as a whole at step three.
3. Whether substantial evidence supported the ALJ's findings based on evidence in the record, including Plaintiff's activities of daily living and evidence concerning her ability to persist or maintain pace.

Disposition

affirmed