[Alicia S.] v. Kijakazi (S.D. Fla. Sept. 27, 2023) - new AC evidence, medical opinions, RFC, other work, subjective complaints
[Alicia S.] v. Kijakazi, No. 22-21947-CV, 2023 WL 7129987 (S.D. Fla. Sept. 27, 2023) (Decision by U.S. Magistrate Judge Eduardo I. Sanchez, by consent) Briefs for purchase: Plaintiff’s Motion for Summary Judgment and Plaintiff’s Reply Brief Topics addressed: New evidence submitted to the Appeals Council RFC - lack of support for findings Medical opinions - supportability Medical opinions - consistency Subjective complaints - good work history Subjective complaints - daily activities Vocational testimony - hypothetical question Rulings addressed: Social Security Ruling 16-3p Issues briefed: 1) The Appeals Council committed reversible error in failing to remand this matter to the ALJ for consideration of the newly submitted evidence. 2) The ALJ’s reasons for finding the opinion of Dr. G., Plaintiff’s longtime treating pulmonologist, to be “unpersuasive” are not supported by substantial evidence. 3) The ALJ’s residual functional capacity (“RFC”) assessment is no