Kelly B. v. Commissioner of Social Security

Summary

This Report and Recommendation addresses Kelly B.’s challenge under 42 U.S.C. § 405(g) to the denial of her applications for disability insurance benefits and supplemental security income. The magistrate judge recommends overruling the plaintiff’s statement of errors and affirming the Commissioner’s decision, concluding that the ALJ properly evaluated the medical opinion evidence and adequately developed the record.

Holdings

1. The ALJ did not commit reversible error by finding Dr. Onamusi's opinion mostly persuasive, adopting some of its limitations, and declining to include the occasional ten-pound lifting limitation without separately explaining that omission.
2. The ALJ did not reversibly err by failing to obtain the missing individual responses from Plaintiff's August 31, 2022 physical-therapy evaluation.
3. The Commissioner's denial of benefits should be affirmed because the ALJ applied proper legal standards and the decision was supported by substantial evidence.

Questions Presented

1. Whether the ALJ adequately evaluated Dr. Onamusi's consultative medical opinion, including the failure to include his occasional ten-pound lifting limitation in the RFC.
2. Whether the ALJ was required to further develop the record because detailed responses from Plaintiff's August 31, 2022 physical-therapy evaluation were missing.
3. Whether the Commissioner's decision was supported by substantial evidence and made under proper legal standards.

Disposition

affirmed