Terry Robert Shirey v. Frank Bisignano, Commissioner of Social Security

Summary

This Report and Recommendation addresses Terry Robert Shirey’s action seeking judicial review of the Commissioner of Social Security’s denial of Disability Insurance Benefits. The magistrate judge recommends affirming the Commissioner’s decision, concluding that the ALJ applied proper legal standards and supported the residual functional capacity and evaluation of Shirey’s symptoms with substantial evidence.

Holdings

1. The ALJ adequately considered the relevant medical and other evidence and included limitations addressing Shirey's medically determinable impairments and alleged symptoms. The residual functional capacity was supported by substantial evidence.
2. The ALJ properly evaluated the intensity, persistence, and limiting effects of Shirey's symptoms and reasonably found that his statements were not entirely consistent with the medical and other evidence.
3. SSR 24-2p did not apply because Shirey's claim was adjudicated by the ALJ before June 22, 2024, and was not still pending on that date. The ALJ therefore properly applied the then-governing past-relevant-work framework.

Questions Presented

1. Whether the ALJ properly considered all of Shirey's impairments, symptoms, and related limitations under SSR 96-8p when formulating the residual functional capacity.
2. Whether the ALJ properly evaluated the intensity, persistence, and limiting effects of Shirey's symptoms under SSR 16-3p.
3. Whether the ALJ erred at step four by finding that Shirey could perform his past relevant work under SSR 24-2p's five-year look-back period.

Disposition

other