Jodie D. v. Frank Bisignano, Commissioner of Social Security

Summary

This proposed findings and recommendation addresses Jodie D.’s challenge under 42 U.S.C. § 405(g) to the denial of Disability Insurance Benefits and Supplemental Security Income. The magistrate judge recommends denying the claimant’s request for reversal, granting the Commissioner’s request for affirmance, affirming the Commissioner’s decision, and dismissing the action.

Holdings

1. The ALJ adequately explained how the evidence supported limiting Claimant to understanding, remembering, and carrying out simple instructions and maintaining concentration, persistence, and pace for simple tasks; therefore, the RFC was not impermissibly inconsistent with the step-two finding of moderate limitations.
2. Although the ALJ failed to expressly discuss and evaluate Dr. Smith's medical opinion as required by 20 C.F.R. §§ 404.1520c and 416.920c, Claimant failed to demonstrate that the omission could have materially affected the RFC or outcome; the error was therefore harmless and remand was improper.

Questions Presented

1. Whether the ALJ adequately accounted in the residual functional capacity assessment for the finding of moderate limitations in concentration, persistence, and pace.
2. Whether the ALJ's failure to expressly evaluate the opinion of state-agency psychologist Rosemary Smith under the applicable medical-opinion regulations required remand.

Disposition

other