Frances C. v. Frank Bisignano, Commissioner of Social Security

Summary

This proposed findings and recommendation addresses Frances C.’s request for judicial review of the Commissioner of Social Security’s denial of Supplemental Security Income benefits. The magistrate judge recommends denying the claimant’s request, granting the Commissioner’s request to affirm, affirming the administrative decision, and dismissing the action. The principal issue discussed is whether the residual functional capacity adequately accounted for the claimant’s moderate limitation in concentration, persistence, or pace.

Holdings

1. A moderate limitation in concentration, persistence, or maintaining pace need not categorically be included as a separate RFC limitation when the ALJ adequately explains why the evidence does not require additional restrictions.
2. The ALJ's RFC assessment and decision were supported by substantial evidence, and remand was not warranted.

Questions Presented

1. Whether the ALJ's residual functional capacity assessment adequately accounted for Plaintiff's moderate limitation in concentrating, persisting, or maintaining pace.
2. Whether the ALJ adequately explained the omission of a specific concentration, persistence, or pace limitation from the RFC and vocational-expert hypothetical under Mascio and Shinaberry.
3. Whether the Commissioner's decision was supported by substantial evidence and applied the correct legal standard.

Disposition

other