Jon B.T.W v. O’Malley (C.D. Ca. May 30, 2024) - VA disability rating, evaluation of CE's (old law), RFC - failure to include credited opinions, subjective symptoms

Jon B.T.W v. O’Malley, No. 2:23-cv-03392 JGB (ADS) (C.D. Ca. May 30, 2024) (Report and Recommendation by U.S. Magistrate Judge Autumn D. Spaeth, adopted by U.S. District Judge Michael W. Fitzgerald) Briefs for purchase: Plaintiff’s Opening Brief, Plaintiff’s Reply Brief, Report and Recommendation, and Order adopting R&R Topics addressed: RFC – medium work RFC – failure to include credited opinions RFC – mental limitations Weight of VA disability finding Weight of evidence from a consultative provider (old law) Subjective symptoms – daily activities Subjective symptoms – treatment regimen Subjective symptoms – mischaracterization of evidence Waiver – failure to raise an issue before the ALJ Rulings addressed: Social Security Ruling 83-10  Social Security Ruling 96-8p  Issues briefed: 1)  The ALJ committed reversible error in failing to mention, much less discredit, Jon B.T.W.’s 100% VA disability