20 C.F.R. § 404.1529

Section 404.1529(c) requires an adequate symptom analysis supported by substantial evidence and consistent with the governing regulations.

Mattingly v. Kijakazi · filed 2022-03-18(c)

After review of the record, the Court finds that the ALJ conducted an adequate analysis of the credibility of Plaintiff’s subjective complaints, supported by substantial evidence and consistent with the governing regulations.

Section 404.1529(c)(2) permits consideration of objective evidence in evaluating symptom testimony, but the ALJ must explain how the cited findings conflict with the alleged symptoms.

Evans v. Commissioner of Social Security · filed 2022-03-22(c)(2)

An ALJ may consider the objective evidence as one of a number of relevant factors when evaluating the reliability of symptom testimony. 20 C.F.R. §§ 404.1529(c)(2), 416.929(c)(2). ... The ALJ did not, however, explain how these normal physical exam findings were at odds with his primary complaint of daily headaches. Thus, this was not a clear and convincing reason for rejecting Plaintiff’s testimony.

Section 404.1529(c) requires a symptom-severity assessment supported by substantial evidence and consideration of the claimant’s alleged limitations.

Olivares v. Commissioner of Social Security · filed 2022-03-24(c)

The issues presented to the Court are whether the ALJ’s findings regarding the severity of those conditions are supported by substantial evidence. As discussed, supra, some of the ALJ’s findings are not supported by substantial evidence.

Section 404.1529 requires specific objective and nonmedical evidence supporting a symptom consistency finding.

RAWLS v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-03-30(c)

The ALJ then explained his decision to discredit Plaintiff’s statements of disabling symptoms by pointing to specific objective medical evidence and nonmedical evidence as required by 20 C.F.R. § 404.1529(c).

Section 404.1529(c) requires assessment of symptom credibility and functional effects after considering all relevant evidence.

Archie v. Commissioner of Social Security Administration · filed 2022-03-31(c)

The second [step] requires the ALJ to assess the credibility of the claimant’s statements about symptoms and their functional effects, Lewis, 858 F.3d at 866, after considering all relevant evidence in the record, 20 C.F.R. §§ 404.1529(c), 416.929(c).

Section 404.1529(c) requires an adequate subjective-complaint analysis supported by substantial evidence and consistent with governing regulations.

Wolf v. Kijakazi · filed 2022-03-31(c)

After a review of the record, the Court finds that the ALJ conducted an adequate analysis of the credibility of Wolf's subjective complaints, supported by substantial evidence and consistent with the governing regulations.

Section 404.1529(c)(3) does not mechanically require discussion of every symptom factor, but the ALJ must expressly identify reasons supported by substantial evidence when discounting symptom testimony.

Wood v. Kijakazi · filed 2022-04-01(c)(3)

The ALJ is not mechanically obligated to discuss each of the above factors, however, when rejecting a claimant’s subjective complaints, the ALJ must make an express credibility determination detailing his or her reasons for discrediting the testimony, and the ALJ’s credibility assessment must be based on substantial evidence.

Section 404.1529(c)(3) requires symptom factors to be considered with all record evidence and explicit reasons for discrediting testimony.

Dearman v. Commissioner of Social Security · filed 2022-04-25(c)(3)

The ALJ should consider these factors in conjunction with all of the evidence of record. Ross, 794 F. App’x 867. If the ALJ discredits this testimony, then the ALJ “‘must clearly articulate explicit and adequate reasons for’ doing so.” Id. (quoting Dyer, 395 F.3d at 1210).

Section 404.1529(c)(3) requires an ALJ to identify significant facts, explain how the listed symptom factors were balanced, and specify which alleged symptoms were discounted.

Betances v. Saul, Commissioner of Social Security · filed 2022-06-06(c)(3)

Based on this limited explanation, the court concludes that remand is warranted because the ALJ “did not identify what facts [she] found to be significant, indicate how [she] balanced the various factors, or specify which of [the] Plaintiff’s alleged symptoms [she] found to be not credible.” ... The ALJ’s failure to adhere to these standards, and to specifically discuss the factors set forth at 20 C.F.R. § 404.1529(c)(3) with respect to Plaintiff’s subjective complaints, warrants remand in this case.

Section 404.1529(c) requires specific reasons for rejecting alleged symptom severity based on objective evidence, symptom frequency and intensity, and treatment.

Gutierrez v. Commissioner of Social Security · filed 2022-06-13(c)

However, the ALJ must provide specific reasons for rejecting the Plaintiff’s account of the severity of her symptoms considering objective evidence, frequency and intensity of symptoms and other treatment. 20 C.F.R. §§ 404.1529(c), 416.929(c).

Section 404.1529 uses a two-step framework: the ALJ first determines whether a medically determinable impairment exists and then assesses the intensity and persistence of its alleged symptoms and their effect on the claimant’s ability to work.

Mayo v. Kijakazi, Acting Commissioner of Social Security · filed 2022-06-15

Fibromyalgia is assessed using a two-step framework. 20 C.F.R. §§ 404.1529, 416.929, SSR 12-2p. First, the ALJ must assess the objective medical evidence and determine whether the claimant has a medically determinable impairment. Id. Second, if the ALJ finds that the claimant has a medically determinable impairment, the ALJ assesses the intensity and persistence of the claimant’s alleged symptoms to determine how they affect the claimant’s ability to work. Id. At the second step, objective evidence is not required to find the claimant disabled.

After a claimant satisfies the underlying-condition test, an ALJ determines the intensity, persistence, and functional effects of pain from the record as a whole.

Howse v. Social Security Administration, Commissioner · filed 2022-08-31(a)

If a claimant satisfies this test, the inquiry shifts to whether and to what extent the claimant’s symptoms limit her capacity for work. 20 C.F.R. § 404.1529(a). This requires an ALJ to determine “the intensity, persistence, and functionally limiting effects” of a claimant’s pain based on the record as a whole.

An ALJ need not recount every alleged symptom separately when the decision gives specific, substantially supported reasons for discounting the overall intensity and severity of the claimant’s symptoms.

Johnson v. Social Security Administration, Commissioner · filed 2022-09-15(c)(3), (4)

Although the ALJ does not recount Johnson’s nightmares and sleep disturbances specifically, the ALJ articulated specific reasons for discounting Johnson’s subjective testimony concerning the overall intensity and severity of his PTSD and depression symptoms. The court finds substantial evidence in the record supports the ALJ’s finding.

A proper symptom evaluation requires a specific finding, an explanation of how the ALJ balanced the relevant factors including daily activities, and identification of inconsistencies between testimony and the rest of the record.

Beckman v. Commissioner of Social Security · filed 2022-09-23(a), (b)

Thus, on remand, the ALJ should “include a specific credibility determination, explain how []he balanced the various factors, [including Plaintiff’s daily activities], and identify any inconsistencies between the plaintiff’s testimony and the rest of the record.” Hodge, 2020 WL 7262846, at *4; see also Calo v. Comm’r of Soc. Sec., No. 20-CV-3559 (AMD), 2021 WL 3617478, at *4–5 (E.D.N.Y. Aug. 16, 2021); Woodcock v. Comm’r of Soc. Sec., 287 F. Supp. 3d 175, 176 (E.D.N.Y. 2017); Kane v. Astrue, 942 F. Supp. 2d 301, 314 (E.D.N.Y. 2013).

An ALJ satisfies the symptom-evaluation standard by considering objective medical evidence and treatment history and articulating specific, adequate, substantially supported reasons for finding complaints inconsistent.

Hebert v. Commissioner of Social Security · filed 2022-09-26(c)

In sum, Plaintiff has not shown that the ALJ ran afoul of the Eleventh Circuit’s pain standard. See Holt, 921 F.2d at 1221. As contemplated by the regulations, the ALJ considered objective medical evidence and treatment history and articulated specific and adequate reasons for finding Plaintiff’s subjective complaints not entirely consistent with the evidence. See, e.g., Markuske v. Comm’r of Soc. Sec., 572 F. App’x 762, 767 (11th Cir. 2014) (finding the ALJ’s discussion of objective medical evidence of record provided “adequate reasons” for the decision to partially discredit the claimant’s subjective complaints). To the extent Plaintiff asks the Court to re-weigh the evidence or substitute its opinion for that of the ALJ, it cannot. If the ALJ’s findings are based on the correct legal standards and are supported by substantial evidence – as they are here – the Commissioner’s decision must be affirmed even if the undersigned would have reached a different conclusion. See Foote, 67 F.3d at 1562 (“A clearly articulated credibility finding with substantial supporting evidence in the record will not be disturbed by a reviewing court.”) (citing MacGregor v. Bowen, 786 F.2d 1050, 1054 (11th Cir. 1986)). On this record, the ALJ did not err in considering Plaintiff’s subjective complaints.

An ALJ must consider mental-impairment symptoms and opinion evidence and explain how the evidence supports the assessed limitations; merely outlining records is insufficient.

Johnson v. Kijakazi · filed 2022-09-26(a)

The ALJ was required to consider Plaintiff’s symptoms relating to her mental impairments and the opinion evidence when evaluating Plaintiff’s mental limitations in her ability to interact with others as part of the paragraph B analysis and in the RFC determination. See 20 C.F.R. Pt. 404, Subpt. P, App. 1 § 12.00(F)(3)(c) (requiring the ALJ to “consider all evidence about [Plaintiff’s] mental disorder and daily functioning before [ ] reach[ing] a conclusion about [Plaintiff’s] ability to work.”); 20 C.F.R. § 404.1529(a) (“In determining whether you are disabled, we consider all your symptoms, including pain, and the extent to which your symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence.”). Throughout the decision the ALJ merely outlines records with no attempt to explain why the evidence either proves, or disproves, his conclusion. For the reasons stated above, the ALJ’s decision does not provide a logical bridge between the evidence and his conclusion. See Jarnutowski, 2022 WL 4126293, at *3 (“[E]ven under this deferential standard of review, an ALJ must provide a logical bridge between the evidence and [his] conclusions.”) (internal quotation marks omitted).

Failure to make the required symptom findings or explain why treatment is considered conservative warrants remand under § 404.1529.

TAYLOR v. KIJAKAZI · filed 2022-09-27(b), (c)

A review of the ALJ's decision and the Magistrate Judge's Report and Recommendation reveals that the Magistrate Judge correctly assessed the ALJ's decision and accurately noted the ALJ's failure to include required findings for reaching her decision. This alone warrants remand for further consideration by the ALJ. Second, the Commissioner misconstrues the Magistrate Judge's comments regarding the ALJ's description of Tory T.'s treatment as “conservative.” The Commissioner argues that substantial evidence and case law support this description; however, the Magistrate Judge was not disagreeing with the characterization, but rather pointing out the ALJ's obligation to explain her reasoning in reaching this conclusion. The Court agrees. This case should be remanded for further consideration.

Section 404.1529(c)(4) requires an ALJ discounting subjective symptoms as inconsistent with the record to connect the evidence to the claimant’s statements rather than merely reciting medical evidence.

Ott v. Commissioner of Social Security · filed 2022-09-29(c)(4)

The ALJ provided no connection between Ms. O’s symptom testimony and the objective medical evidence in the record to support his conclusion discounting her statements about the intensity, persistence, and limiting effects of her symptoms. The ALJ recited medical evidence, but he failed to link that evidence to Ms. O’s subjective complaints. This is in error.

Sections 404.1529(c)(3)–(4) require an ALJ to identify the claimant’s relevant symptom statements and closely link the assessment of those statements to specific evidence and applicable factors; boilerplate and a treatment summary alone are insufficient.

Contreras v. Commissioner, Social Security Administration · filed 2022-09-30(c)(3)–(4)

Accordingly, on this record, the Court finds that the ALJ did not properly assess Plaintiff’s credibility insofar as he failed to provide adequate reasons for his findings, and because he did not closely and affirmatively link his conclusions to the evidence. Because it is unclear whether or not this error was harmless, this matter must be reversed and remanded.

Section 404.1529 requires an ALJ to give specific, record-supported reasons linking the evidence to the assessment of a claimant's symptom allegations.

Jennings v. Social Security Administration · filed 2022-09-30(c)

However, the ALJ must explain “the link between the evidence and” consistency determination. Kepler, 68 F.3d at 391; see also 20 C.F.R. § 404.1529 (ALJ must provide “specific reasons . . . supported by the evidence in the case record”). ... As such, the ALJ sufficiently explained “the link between the evidence and credibility determination.” Kepler, 68 F.3d at 391.

Section 404.1529 requires an ALJ discounting symptom testimony to explain the link between the evidence and the resulting consistency determination.

Hamilton v. Social Security Administration · filed 2022-09-30(c)

The discussion cited above does not adequately explain why the ALJ discounted plaintiff’s testimony about her breathing treatments. The ALJ must explain the “link between the evidence and credibility determination.” Kepler, 68 F.3d at 391. Here, however, the ALJ cited no record evidence contrary to plaintiff’s testimony on this issue.

Section 404.1529(c) requires meaningful articulation and evidentiary support when an ALJ finds that symptom reports are inconsistent with objective medical evidence.

Lumpkin v. Kijakazi · filed 2022-12-08(c)

The ALJ failed to meaningfully explain why Plaintiff’s symptom reports were not consistent with the objective medical evidence. ... Plaintiff establishes the ALJ erred. The ALJ is to develop the record and reevaluate—with meaningful articulation and evidentiary support—the sequential process.

Section 404.1529(c) requires an ALJ to explain whether and why each alleged use of an assistive device is inconsistent with the evidence; addressing cane use for walking does not implicitly resolve alleged cane use for standing and balance.

Butterworth v. Kijakazi · filed 2022-12-28(c)

By failing to address Mr. Butterworth’s claim that he required a cane to stand and balance, the ALJ failed to comply with SSR 16-3p, which is reversible error.

Sections 404.1529(c)(1)–(3) require an ALJ to address the claimant’s material symptom testimony and explain how medical evidence contradicts it; discussing medical evidence alone is not enough.

Bell v. Commissioner Social Security Administration · filed 2022-12-30(c)(1)–(3)

Here, the ALJ did not explain how the medical evidence contradicted plaintiff’s testimony. In fact, the ALJ did not address plaintiff’s subjective symptom testimony at all. ... This error was not harmless.

Section 404.1529(c)(3) is satisfied when the ALJ gives specific, supported reasons comparing claimant and third-party symptom reports with daily activities and observed symptom intensity.

Foley v. Commissioner of Social Security Administration · filed 2023-02-27(c)(3)

The ALJ’s explanation properly weighs the consistency of Ms. Foley and her husband’s statements regarding the intensity of her symptoms against the remainder of the record.

Section 404.1529 requires consideration of objective evidence, daily activities, treatment, medication, and functional restrictions when evaluating symptom intensity and persistence.

WILLIAMS v. COMMISSIONER OF SOCIAL SECURITY · filed 2023-03-03

The ALJ correctly identified and applied the applicable legal standards, and the decision adequately explains the findings and conclusions. After the ALJ found that Plaintiff had medically determinable impairments which could reasonably be expected to cause her alleged symptoms (R. 18), the ALJ next had to evaluate the intensity and persistence of Plaintiff’s symptoms and their effect on her ability to work, by considering the objective medical evidence, the claimant’s daily activities, treatment and medications received, and other factors concerning functional limitations and restrictions due to her symptoms. See 20 C.F.R. §§ 404.1529 and 416.929.

Section 404.1529 requires an ALJ to give evidence-supported, specific reasons that link the record to the determination that a claimant’s symptom allegations are inconsistent.

Bryant v. Social Security Administration · filed 2023-03-30(c)

However, the ALJ must explain “the link between the evidence and” consistency determination. Kepler, 68 F.3d at 391; see also 20 C.F.R. § 404.1529 (ALJ must provide “specific reasons . . . supported by the evidence in the case record”). ... As such, the decision did not adequately explain why the ALJ discounted the plaintiff’s subjective statements.

Section 404.1529(c)(3) requires an explanation linking symptom complaints to the evidence; summarizing medical records without signaling the supposed inconsistencies does not permit the claimant or reviewing court to understand why the complaints were rejected.

Arsham v. Commissioner of Social Security · filed 2023-06-22(c)(3)

Generally, an ALJ must explain whether he finds the claimant’s subjective complaints to be consistent with objective medical evidence and other evidence in the record. ... In conducting this analysis, the ALJ may consider several factors, including claimant’s efforts to alleviate his symptoms, whether any treatment was effective, and any other factors concerning the claimant’s functional limitations and restrictions. SSR 16-3p, 2016 SSR LEXIS 4 *15-19; 20 C.F.R. § 404.1529(c)(3); ... Although the ALJ cited the correct legal standards, he failed to properly apply them to Arsham’s subjective symptom complaints by failing to provide a specific enough explanation of why he found Arsham’s complaints inconsistent with the medical evidence. ... Asa result, there is no basis for which the court or Arsham to understand the ALJ’s reasons for having reyected Arsham’s complaints. This violated the regulations. ... Accordingly, remand is warranted.

Section 404.1529(c) requires an ALJ assessing subjective symptoms to consider objective medical evidence, daily activities, symptom severity, aggravating factors, medication, treatment, and functional limitations and to explain which alleged limitations were credited and accommodated.

Szilagyi v. O'Malley · filed 2024-08-21(c)

When assessing a claimant’s subjective symptom allegations, an ALJ must consider several factors, including the objective medical evidence, the claimant’s daily activities, [her] level of pain or symptoms, aggravating factors, medication, course of treatment, and functional limitations.”) (citing 20 C.F.R. §§ 404.1529(c), 416.929(c); SSR 16- 3p, 2017 WL 5180304, at *5, *7-8 (Oct. 25, 2017)). ... Without the missing link regarding Plaintiffs symptoms, such as fatigue, and how the RFC addresses it, there is no way to determine whether Plaintiffs fatigue might implicate that testimony.

Section 404.1529(c)(3) requires an ALJ to evaluate the listed symptom factors with all record evidence and explain how they show that a claimant’s statements conflict with medical or other evidence.

Acevedo v. Commissioner of Social Security · filed 2024-08-26(c)(3)

When evaluating a claimant’s testimony, the ALJ should consider: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication to alleviate pain or other symptoms; (5) treatment other than medication for relief of pain or other symptoms; (6) any measures a claimant uses to relieve pain or other symptoms; and (7) other factors concerning a claimant’s functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); Ross v. Comm’r of Soc. Sec., 794 F. App’x 858, 867 (11th Cir. 2019). ... The ALJ did consider Plaintiff’s pain, his medications, and other treatments, but did not include any analysis of how these factors show that Plaintiff’s statements conflicted with the medical and other evidence of record. Remand is warranted on this issue.

Section 404.1529(c)(3) treats symptom improvement and daily activities as relevant, but the ALJ must evaluate improvement in the overall diagnostic context and identify how particular activities transfer to work or contradict particular allegations.

Jimmerson v. Commissioner Social Security Administration · filed 2024-08-26(c)(3), (c)(3)(i)

If the record shows a claimant’s symptoms have improved with treatment, that improvement is “an important indicator of the intensity and persistence of ... symptoms.” 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). ... Because the ALJ failed to directly tie plaintiff’s treatment history to testimony it supposedly undermined and did not consider the overall diagnostic picture of plaintiff’s pain, he erred in discounting plaintiff's symptom testimony due to symptom improvement. ... The relevant regulations require an ALJ to consider a claimant’s daily activities when evaluating subjective symptom statements. 20 C.F.R. §§ 404.1529(c)(3)(i), 416.929(c)(3)(i). ... The ALJ failed to adequately identify transferable work skills or inconsistencies between plaintiff’s daily activities and symptom testimony, and therefore erred.

Section 404.1529(a) requires objective medical evidence of an impairment that could reasonably cause the alleged symptoms before the ALJ evaluates and gives adequate reasons for rejecting testimony about their severity.

Wicker v. O'Malley · filed 2024-09-14(a)

“First, the ALJ must determine whether [the claimant has presented] objective medical evidence of an underlying impairment which could reasonably be expected to produce the pain or other symptoms alleged.” Id.; see also 20 C.F.R. § 404.1529(a). Second, if the claimant produces that evidence, and “there is no evidence of malingering,” the ALJ must provide “specific, clear and convincing reasons for” rejecting the claimant’s testimony regarding the severity of the claimant’s symptoms. ... The ALJ found that the plaintiff’s “medically determinable impairments could reasonably be expected to cause [her] alleged symptoms” but that her testimony “concerning the intensity, persistence and limiting effects of these symptoms are not entirely consistent with the medical evidence and other evidence in the record for the reasons explained in this decision.” That is insufficient. ... The court remands on this ground.

Section 404.1529(a) requires symptom intensity and persistence to be evaluated using all available evidence, including medical history, medical signs and laboratory findings, and statements about how the symptoms affect the claimant.

(SS) Bielski v. Commissioner of Social Security · filed 2025-07-22(a)

Evaluating the “intensity and persistence” of the symptoms of an impairment will involve considering all available evidence, including “medical history, the medical signs and laboratory findings, and statements about how…symptoms affect” the plaintiff. 20 C.F.R. § 404.1529(a). ... This overall treatment history supports a different conclusion than the record of plaintiff’s September 1, 2022 visit alone. ... This history suggests that plaintiff’s response to treatment is variable at best, and that her pain is not adequately controlled. Plaintiff’s testimony that her back pain is constantly 8.5 out of 10 without medication, and at least 6 out of 10 with Motrin, (AR 53-54), is consistent with the record and the ALJ erred in finding otherwise.

Section 404.1529 requires a two-step symptom evaluation and specific, evidence-linked reasons for finding alleged intensity, persistence, and limiting effects inconsistent with the record.

Melton v. Social Security Administration · filed 2022-09-28

As part of her evaluation of Claimant's pain and other symptoms, the ALJ noted the two-step process for the evaluation of symptoms set forth in Social Security Ruling 16-3p and the requirements under 20 C.F.R. § 404.1529. She determined Claimant's medically determinable impairments could reasonably cause her alleged symptoms, but she found that Claimant's statements regarding the intensity, persistence, and limiting effects of her symptoms were not entirely consistent with the evidence in the record. (Tr. 23). ... The ALJ's evaluation of Claimant's subjective complaints was linked to the evidence and included specific reasons for the weight given to Claimant's symptoms. Based upon the evidence of record, the ALJ concluded Claimant had an RFC to perform a full range of work at all exertional levels but with nonexertional limitations. This Court finds no error in the ALJ's assessment of Claimant's subjective complaints.

Section 404.1529(c) requires an ALJ who discounts symptom claims as inconsistent with the evidence to identify those claims and clearly and convincingly explain the rationale with supporting citations.

LaMarsh · filed 2026-01-14(c)

If the ALJ finds inconsistency between the claimant’s reported symptoms and the evidence, the ALJ must identify what symptom claims are being discounted and clearly and convincingly explain the ... rationale for discounting the symptoms with supporting citation to evidence.

Section 404.1529(c) requires more than a medical-summary rationale: the ALJ must identify the symptom testimony being discounted and explain which evidence contradicts it.

Demirovic · filed 2026-01-14(c)

While the reasons that the ALJ provided here are more descriptive than those in Lambert, they still do not identify the portions of Plaintiff’s testimony—pain even with medication, her inability to be on her feet for more than thirty minutes, difficulty sitting, or needing to lie down—that the ALJ asserts they contradict. While the ALJ does reference Plaintiff’s difficulty sitting and needing to lie down when addressing the RFC, the ALJ did not explain which evidence contradicts that testimony other than generally referencing Plaintiff’s reported pain relief.

Section 404.1529 requires an ALJ to identify which symptom allegations were considered and explain why they are inconsistent with medical and other evidence.

Holloway · filed 2026-01-26(c)

Ultimately, the ALJ found that Plaintiff’s allegations concerning the intensity, persistence, and limiting effects of these symptoms are not entirely consistent with the medical and other evidence. Yet missing from the ALJ’s decision is any indication explaining which allegations the ALJ considered and why they’re inconsistent with the medical and other evidence.

Section 404.1529(c) requires an ALJ to explain consistently which symptom statements are credited or discounted and how that evaluation leads to the RFC limitations.

Davis · filed 2026-02-17(c)

But ALJ Andersen does not explain why he credited Plaintiff’s statements about her dizziness when evaluating Dr. Flores’ medical opinion but not when evaluating the severity of Plaintiff’s symptoms for purposes of assessing her RFC.

Section 404.1529 permits an ALJ to assess reported symptom limits against the medical record and the claimant’s functional report.

Calvert v. Social Security Administration · filed 2023-03-28

As part of his evaluation of Claimant's physical symptoms, the ALJ noted the two-step process for the evaluation of symptoms set forth in Social Security Ruling 16-3p and the requirements under 20 C.F.R. § 404.1529. ... The ALJ considered Claimant’s subjective complaints and found those complaints inconsistent with his review of the medical records and Claimant’s Functional Report. Claimant’s functional report does not indicate the need for further limitations than imposed by the ALJ. After reviewing Claimant’s testimony and her adult functional report, this Court cannot find that the ALJ’s finding is unsupported by the evidence.

When evaluating symptoms, an ALJ must explore a claimant’s reasons for gaps in treatment before drawing negative inferences from them.

English v. Commissioner of Social Security · filed 2025-05-27

The ALJ’s repeated negative inferences—drawn without exploring whether Mr. English had good cause for noncompliance—constitute reversible error.

An ALJ must revisit a claimant’s symptom credibility when a factual error about the medical evidence affected that assessment.

Bartrum v. Astrue · filed 2012-11-26

The ALJ’s credibility assessment was directly impacted by the error discussed above concerning the date of Dr. Van Gorder’s September 2010 report. ... Accordingly, the question of Plaintiffs credibility must be revisited on remand.

An ALJ evaluates symptom testimony in two stages: the claimant must show an impairment that could cause the symptoms, and, absent evidence of malingering, the ALJ must give clear and convincing reasons to discount their severity.

Franz v. Colvin · filed 2015-02-11

To determine whether a claimant’s testimony regarding subjective pain or symptoms is credible, an ALJ must perform two stages of analysis. 20 C.F.R. § 404.1529. The first stage is a threshold test in which the claimant must produce objective medical evidence of an underlying impairment that could reasonably be expected to produce the symptoms alleged. ... At the second stage of the credibility analysis, absent affirmative evidence of malingering, the ALJ must provide clear and convincing reasons for discrediting the claimant’s testimony regarding the severity of the symptoms. ... As discussed below, taken together, these reasons fail to reach the clear and convincing level.

Section 404.1529(c) requires an ALJ to assess a claimant’s statements about symptoms against objective medical evidence and other evidence in the record.

Harris v. Saul · filed 2020-12-03(c)

But even though the “entirely consistent” language is boilerplate, the ALJ’s recitation of it is harmless because he described (and applied) the correct standard of whether Harris’s statements about her symptoms were substantiated by the objective medical evidence and other evidence in the record. See 20 C.F.R. § 404.1529(c); see also Burmester v. Berryhill, 920 F.3d 507, 510–11 (7th Cir. 2019).

Section 404.1529(a) requires objective medical evidence of an impairment that could reasonably produce the alleged symptoms before the ALJ evaluates their severity.

Garcia v. Commissioner of Social Security · filed 2022-09-20(a)

“First, the ALJ must determine whether [the claimant has presented] objective medical evidence of an underlying impairment which could reasonably be expected to produce the pain or other symptoms alleged.” Id.; see also 20 C.F.R. § 404.1529(a). ... The ALJ did not provide convincing reasoning to reject the plaintiff’s testimony about her hand and finger impairments, so remand is appropriate.

Section 404.1529(c) requires the ALJ to consider evidence beyond objective medical findings when evaluating a claimant’s symptoms, including daily activities and treatment.

Parker v. Kijakazi · filed 2023-02-13(c)

In recognition of the fact that an individual’s symptoms can sometimes suggest a greater level of severity of impairment than can be shown by the objective medical evidence alone, 20 C.F.R. §§ 404.1529(c) and 416.929(c) describe the kinds of evidence, including the factors below, that the ALJ must consider in addition to the objective medical evidence when assessing the credibility of an individual’s statements: ... The ALJ failed to consider the evidence in the record that previously Plaintiff had an adverse reaction and “steroid sensitivities,” which, in the past, caused her to be seen at the ER.

Section 404.1529 requires an ALJ to consider a claimant’s testimony about symptoms, including pain and work limitations.

Holton v. Commissioner Social Security Administration · filed 2024-04-29(a)

The ALJ also failed to identify specific, clear, and convincing reasons to reject Plaintiff’s subjective symptom testimony. An ALJ must consider a claimant’s symptom testimony, including statements regarding pain and workplace limitations. See 20 CFR §§ 404.1529(a), 416.929(a).

Section 404.1529(c) is satisfied when the ALJ considers the relevant symptom-evaluation factors and adequately explains why the claimant’s statements conflict with the record.

Thomas v. Commissioner of Social Security · filed 2024-08-28(c), (c)(3)

For the reasons set forth above, the Court finds that the ALJ appropriately considered the relevant evidence, complied with SSR 16-3p in considering the factors set out in 20 C.F.R. § 404.1529(c), and sufficiently articulated his rationale for finding Mr. Thomas’s subjective statements were not entirely consistent with the medical and other evidence of record.

Section 404.1529(c)(3) requires consideration of the listed symptom factors but does not require discussion of every factor or a factor-by-factor analysis.

Wagaman v. Commissioner of Social Security · filed 2024-08-30(c)(3)

An ALJ should consider the factors set forth in 20 C.F.R. § 404.1529(c)(3) but “is not required to discuss every factor or conduct a factor-by-factor analysis.” Pratt v. Comm’r of Soc. Sec., No. 1:12-cv-1084, 2014 WL 1577525, at *3 (W.D. Mich. Apr. 21, 2014) (collecting cases).

Section 404.1529(c) requires an ALJ to identify the symptom claims being discounted and clearly explain the supporting evidence while considering the regulation’s symptom factors.

Salinas-Gonzalez v. O'Malley · filed 2024-09-04(c)(2), (c)(3)

The ALJ must identify what symptom claims are being discounted and clearly and convincingly explain the rationale for discounting the symptoms with supporting citation to evidence. This requires the ALJ to “show his work” and provide a “rationale . . . clear enough that it has the power to convince” the reviewing court. ... Factors the ALJ may consider when evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms include: 1) objective medical evidence, 2) daily activities; 3) the location, duration, frequency, and intensity of pain or other symptoms; 4) factors that precipitate and aggravate the symptoms; 5) the type, dosage, effectiveness, and side effects of any medication the claimant takes or has taken to alleviate pain or other symptoms; 6) treatment, other than medication, the claimant receives or has received for relief of pain or other symptoms; and 7) any non-treatment measures the claimant uses or has used to relieve pain or other symptoms.

Section 404.1529(c)(3) requires consideration of a non-exhaustive set of symptom factors and a sufficient explanation of why alleged symptoms do not impose disabling limitations or are inconsistent with the record.

Nece v. Social Security Administration, Commissioner of · filed 2021-06-16(c)(3)

In evaluating a claimant’s allegations of symptoms, the court has recognized a non-exhaustive list of factors which should be considered. Luna, 834 F.2d at 165-66; see also 20 C.F.R. '' 404.1529(c)(3), 416.929(c)(3). ... Because these allegations are, on their face, neither disabling nor inconsistent with the record evidence it was incumbent on the ALJ to explain precisely why they do not impose disabling limitations, or how they are inconsistent with the record evidence. He did not do so, and remand is necessary for a proper explanation.

Section 404.1529(c)(3) does not require an ALJ to discuss every symptom-evaluation factor or item of evidence, but the ALJ must acknowledge the factors and explain the supporting evidence sufficiently for meaningful review.

Thomas v. Commissioner of Social Security Administration · filed 2021-09-29(c)(3)

The regulations don’t require the ALJ to discuss each factor or each piece of evidence, but only to acknowledge the factors and discuss the evidence that supports her decision.

Section 404.1529(c)(3) requires more than a general inconsistency statement: the ALJ must explain the balancing of relevant factors and identify conflicts between testimony and the record.

Madera v. Commissioner of Social Security · filed 2021-09-30(c)(3)

It is not sufficient for the ALJ to merely find that a plaintiff’s statements regarding their symptoms and limitations are “not entirely consistent with the medical evidence,” rather, the ALJ should make a “specific credibility determination, explain[ing] how [he or] she balanced the various factors [including the claimant’s daily activities], and identify any inconsistencies between the plaintiff’s testimony and the rest of the record.”

Section 404.1529 requires an ALJ rejecting subjective symptoms to identify the specific statements being discounted and connect the allegedly conflicting evidence to those statements sufficiently for meaningful review.

Jenks v. Saul · filed 2021-12-07(c)

The ALJ failed to identify the specific statements or subjective claims made by Plaintiff that he found were not credible and to tie the allegedly contradicting or undermining evidence … to the specific statement.

Section 404.1529(c)(3) requires an ALJ to identify the specific symptom statements being discounted and the evidence undermining them; generic boilerplate prevents meaningful review.

Dryer v. Saul · filed 2021-12-14(c)(3)

The ALJ failed to identify which of Plaintiff’s statements concerning the intensity, persistence and/or limiting effects of his symptoms he discredited, or to articulate clear and convincing reasons for doing so. ... Even if the Court takes the ALJ at his word, his lack of specificity makes it impossible to determine whether the ALJ credited Plaintiff’s statements regarding foot pain and symptoms, arbitrarily rejected them, or discredited those complaints on permissible grounds.

Section 404.1529 requires an ALJ discounting intermittent migraine limitations to explain why the claimant’s statements about what she must do during a migraine are not credited; frequency improvement does not itself address functional effects during an episode.

Donelson v. O'Malley · filed 2021-12-27(c)(2)-(3)

Of course, the ALJ was not required to credit Plaintiff’s statements regarding the intensity and limiting effects of her symptoms. However, the ALJ did not sufficiently account for why they were not credited here.

Section 404.1529 requires specific identification of rejected symptom testimony and contradictory evidence, and daily activities may support rejection only with findings about their transferability and substantial duration.

Ferguson v. Kijakazi · filed 2022-01-24(a)

But the ALJ did not explain how the evidence undermines the testimony, which was error. ... The ALJ erred by not making specific findings that these activities are transferable to a work setting and that the plaintiff can spend a substantial part of her day engaged in similar activities. ... In sum, the ALJ’s errors in discounting the plaintiffs testimony warrant remand.

Section 404.1529 requires an ALJ to identify the specific symptoms discounted and explain the weight given to claimant statements with enough detail for review, though every factor need not be addressed separately.

Osterloo v. Commissioner of Social Security · filed 2022-02-03(a), (c)(3)

The ALJ does not need to specifically address each factor, but “must give specific reasons for the weight given to the individual’s statements.”

Section 404.1529 requires consideration of pain and other subjective symptoms throughout the disability analysis and comparison of claimed limitations with the whole record; absent malingering, an ALJ needs specific, clear, and convincing reasons to reject symptom statements.

Calloway v. Kijakazi · filed 2022-06-30(a), (c)(4)

When determining disability, an ALJ is required to consider a claimant’s impairment-related pain and other subjective symptoms at each step of the sequential evaluation process. 20 C.F.R. §§ 404.1529(a), (d), 416.929(a), (d). Accordingly, when a claimant presents “objective medical evidence of an underlying impairment which might reasonably produce the pain or other symptoms [the claimant] alleged,” the ALJ is required to determine the extent to which the claimant’s statements regarding the intensity, persistence, and limiting effects of his subjective symptoms (“subjective statements” or “subjective complaints”) are consistent with the record evidence as a whole and, consequently, whether any of the individual’s symptom-related functional limitations and restrictions are likely to reduce the claimant’s capacity to perform work-related activities. 20 C.F.R. §§ 404.1529(a), (c)(4), 416.929(a), (c)(4); SSR 16-3p, 2017 WL 5180304, at *4-*10. ... Because the ALJ failed to provide specific, clear, and convincing reasons to discount plaintiff's subjective statements, remand is warranted for reconsideration of these statements.

Section 404.1529 requires a two-step symptom evaluation using the listed medical and nonmedical evidence, and an ALJ who rejects subjective testimony must give explicit, adequate reasons supported by the record.

Mixon v. Commissioner of Social Security · filed 2022-07-19(b)-(c)(3)

Consideration of a claimant’s symptoms therefore involves a two-step process, wherein the SSA first considers whether an underlying medically determinable physical or mental impairment exists that could reasonably be expected to produce the claimant’s symptoms, such as pain. 20 C.F.R. §§ 404.1529(b), 416.929(b); SSR 16-3p, 2017 WL 5180304, at *3-9. If the SSA determines that an underlying physical or mental impairment could reasonably be expected to produce the claimant’s symptoms, the SSA evaluates the intensity and persistence of those symptoms to determine the extent to which the symptoms limit the claimant’s ability to perform work-related activities. 20 C.F.R. §§ 404.1529(c), 416.929(c); SSR 16-3p, 2017 WL 5180304, at *3-9. When the ALJ does not find the claimant’s subjective testimony supported by the record, the ALJ must articulate explicit and adequate reasons for doing so. ... The record does not support the ALJ’s assessment of Plaintiff’s need for a rolling walker, however. ... Accordingly, remand is warranted on the issue, as substantial evidence does not support the ALJ’s decision.

Section 404.1529(c)(3) requires specific, evidence-supported reasons for the weight given to symptoms; conclusory statements or merely reciting the factors is insufficient.

Weems v. Social Security Administration, Commissioner · filed 2022-08-03(c)(3)

[I]t is not sufficient . . . to make a single, conclusory statement that “the individual’s statements about his or her symptoms have been considered” or that “the statements about the individual’s symptoms are (or are not) supported or consistent.” It is also not enough . . . simply to recite the factors described in the regulations for evaluating symptoms. The determination or decision must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly articulated so the individual and any subsequent reviewer can assess how the adjudicator evaluated the individual’s symptoms.

Section 404.1529 requires evaluating symptoms against all available evidence and the listed factors, with enough explanation to connect the evidence to the acceptance or rejection of particular symptom allegations.

Alvarez v. Saul · filed 2022-08-16(a), (c)(3)

The ALJ was required to evaluate plaintiff’s symptoms in light of “all of the available evidence” and “determine the extent to which [plaintiff’s] alleged functional limitations . . . [could] reasonably be accepted as consistent with the . . . evidence.” 20 C.F.R. §§ 404.1529(a), 416.929 Among the factors relevant to this evaluation are: plaintiff’s daily activities; the location, duration, frequency, and intensity of her pain or other symptoms; precipitating and aggravating factors; the type, dosage, effectiveness, and side effects of any medication she takes or has taken to alleviate . . . pain or other symptoms; treatment, other than medication, she receives or has received for relief of symptoms; measures she uses or has used to relieve her pain or other symptoms; and any other factors concerning [her] functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(2). ... Because there is no “logical bridge” between the evidence and the ALJ’s rejection of plaintiff’s symptoms, we cannot uphold the ALJ’s symptom evaluation.

Section 404.1529(c)(3) requires consideration of the listed symptom factors and specific record-supported reasons sufficient to permit rational review.

GREGORY v. KIJAKAZI · filed 2022-08-25(c)(3)

Although the Court will defer to an ALJ's subjective symptom finding that is not patently wrong, the ALJ must still adequately explain his subjective symptom evaluation “by discussing specific reasons supported by the record.” Pepper, 712 F.3d at 367.

Section 404.1529(c)(3) requires consideration of symptom factors and specific record-supported reasons; a summary without explaining which statements conflict with which evidence is insufficient.

TALLEY v. KIJAKAZI · filed 2022-08-26(c)(3)

At step two of the Rule 16-3 analysis, the ALJ considers the claimant's subjective symptom allegations in light of the claimant's daily activities; the location, duration, frequency, and intensity of pain and limiting effects of other symptoms; precipitating and aggravating factors; the type, dosage, effectiveness, and side effects of medication; treatment other than medication for relief of pain; and other measures taken to relieve pain. 20 C.F.R. § 404.1529(c)(3). ... But “[a] summary is not analysis, as it does not explain why the evidence summarized undermined Plaintiff's statements about his symptoms or limitations, or which statements were inconsistent.” ... Here, as discussed above, the ALJ failed to fulfill her obligation to explain and support her subjective symptom evaluation. Remand is required to correct this error.

Section 404.1529(c) requires evaluation of symptom intensity, persistence, and limiting effects to determine how symptoms limit basic work activities.

Clarkson v. Commissioner of Social Security · filed 2022-08-26(c)

the claimant satisfies the first step, the ALJ must then evaluate the intensity, persistence, and limiting effects of the individual’s symptoms to determine the extent to which the symptoms limit the individual’s ability to do basic work activities. See 20 C.F.R. § 404.1529(c).

If an ALJ rejects testimony about symptom intensity, persistence, and limiting effects under Section 404.1529(c)(4), the ALJ must articulate explicit and adequate reasons.

Carroll v. Social Security Administration, Commissioner · filed 2022-08-29(c)(4)

If the ALJ decides not to credit a claimant’s subjective testimony, the ALJ “must articulate explicit and adequate reasons for doing so.” Holt v. Sullivan, 921 F.2d 1221, 1223 (11th Cir. 1991).

Section 404.1529(a) permits assessment of subjective complaints but does not allow rejection based on unsupported interpretations or mischaracterizations of the record.

Cottom v. Commissioner of Social Security · filed 2022-09-19(a)

This includes assessing subjective complaints made by a claimant. See Lewis v. Apfel, 62 F. Supp. 2d 648, 651 (N.D.N.Y. 1999); see also 20 C.F.R. § 404.1529(a). However, an ALJ may not reject a claimant’s subjective complaints based on “unsupported interpretations of raw medical evidence or mischaracterizations of the record.”

Section 404.1529 permits rejection of pain testimony after considering the pain standard, testimony, and inconsistencies with other evidence, if explicit adequate reasons are articulated.

Kendrick v. Social Security Administration, Commissioner · filed 2022-09-20(c)(3)-(4)

After considering a claimant’s complaints of pain under the standard, however, “the ALJ may reject them as not creditable[.]” ... During this assessment, the ALJ is to consider the claimant’s testimony and any inconsistency between the testimony of symptoms and other evidence. 20 C.F.R. §§ 404.1529(c)(3)-(4), 416.929(c)(3)-(4). If the ALJ rejects the claimant’s testimony regarding pain, the ALJ must “articulate explicit and adequate reasons for doing so.” ... Here, the ALJ applied the proper legal standard to determine that Plaintiff is not disabled on the basis of subjective testimony.

An ALJ evaluating symptoms under § 404.1529(c) may not merely list daily activities; the decision must explain whether and how those activities are consistent or inconsistent with the claimed limitations.

Starnes v. Kijakazi · filed 2022-11-21(c)

But here, the ALJ did not engage with any of them. See Villano v. Astrue, 556 F.3d 558, 562 (7th Cir. 2009) (remanding where the ALJ “briefly described” the claimant’s testimony about her activities but did not explain whether her “daily activities were consistent or inconsistent with the pain and limitations she claimed”). Therefore, the ALJ’s decision must be remanded for consideration of Claimant’s limitations in her daily activities.

Section 404.1529 does not require particular phrases in a symptom assessment if the decision shows that the ALJ considered the claimant’s medical condition as a whole.

Wiseman v. Commissioner of Social Security · filed 2023-02-15

The ALJ, however, “need not cite particular phrases or formulations” in making this assessment, so long as the reviewing court can be satisfied that the ALJ “considered [the claimant’s] medical condition as a whole.”

Section 404.1529 requires explicit and adequate reasons for rejecting subjective testimony.

Freeman v. Commissioner of Social Security · filed 2023-03-10(a), (c)(3)

If an ALJ rejects a claimant’s subjective testimony, she must articulate explicit and adequate reasons for this decision.

Section 404.1529(c)(4) requires explicit and adequate reasons when an ALJ discredits subjective testimony.

Guerrera v. Commissioner of Social Security · filed 2023-03-10(c)(4)

When the ALJ discredits the claimant’s subjective ... testimony, the ALJ must articulate explicit and adequate reasons for doing so.

Section 404.1529(c)(3) requires consistency findings to be linked to specific record evidence.

Martin v. Social Security Administration · filed 2023-03-10(c)(3)

Accordingly, the ALJ linked his ... consistency findings to the evidence and provided clear and specific reasons for his ... determination in compliance with the directives of Kepler and its progeny, as well as SSR ... 16-3p and the regulations.

Sections 404.1529(c)(3) and (4) require clear reasons identifying the statements discounted and the evidence undermining them.

Sisk v. Kijakazi · filed 2023-03-15(c)(3), (4)

General findings are insufficient, and the ALJ must ... identify which specific pain and symptom statements are being discounted and what ... evidence undermines those claims.

An ALJ evaluating symptom testimony should consider the seven listed factors together with the full record and must clearly articulate adequate reasons for discounting the testimony.

Larson v. Commissioner of Social Security · filed 2023-05-02(c)(3)

The ALJ should consider these factors along with all the evidence of record. Ross, 794 F. App’x 867. If the ALJ discredits this testimony, then the ALJ “‘must clearly articulate explicit and adequate reasons for’ doing so.”

An ALJ applying § 404.1529 need not recite the Eleventh Circuit pain test verbatim, but must give explicit and adequate reasons for discounting symptom testimony or make the adverse finding obvious from the decision.

Taylor v. Kijakazi · filed 2023-06-23

If the claimant’s subjective testimony is discredited, the ALJ must articulate explicit and adequate reasons for discrediting the claimant’s subjective testimony or the implication must be obvious as to the credibility finding. ... This citation to the correct regulations and evaluation standard(s) indicates that the ALJ applied the correct three-part test to Taylor’s claim. See Wilson v. Barnhart, 284 F.3d 1219,1226 (11th Cir. 2002) (The ALJ’s citation to 20 C.F.R. 404.1529, which contains the same language as the three-part pain standard, made clear that the ALJ applied that standard.). ... Thus, contrary to Taylor’s assertion, the ALJ made her determination based on the entirety of the record and in accordance with the correct standard for evaluating subjective symptoms, including pain.

A general summary of medical records does not justify rejecting symptom testimony unless the ALJ identifies the particular testimony discounted and explains how specific evidence undermines it.

Castaneda v. Commissioner of Social Security · filed 2025-09-10(c)(2)-(3)

The Court finds Plaintiff’s argument persuasive and concludes the ALJ failed to provide clear and convincing reasons supported by substantial evidence for rejecting Plaintiff’s testimony. To the extent the ALJ rejected Plaintiff’s testimony because it was not supported by the objective evidence, the ALJ wholly fails to identify the specific testimony he found not credible and unsupported.

An ALJ commits reversible error by failing to identify the particular symptom testimony being discounted, because a medical summary alone does not permit meaningful review or allow a court to infer the ALJ’s reasoning.

Lewis v. Commissioner of Social Security · filed 2025-09-29(c)(2)

Accordingly, because it precludes meaningful review, the ALJ’s failure to specify the parts of plaintiff’s testimony that she found not credible is reversible error.

Section 404.1529(c) requires an ALJ to consider the entire record and articulate specific reasons for finding symptom statements inconsistent rather than merely summarize medical evidence.

Bauer · filed 2026-03-31(c)

As an initial matter, the ALJ’s discussion of the evidence is not analytical and does not explicitly state any reasons for finding Plaintiff’s symptom testimony not fully persuasive. The ALJ summarized the medical record but did not articulate any reasons for finding Plaintiff’s symptom statements inconsistent with the medical and other evidence.

Section 404.1529 requires an ALJ who rejects a claimant’s subjective symptom allegations to give a sufficient explanation for meaningful judicial review.

Pearson v. Commissioner of Social Security · filed 2020-06-12

As explained above, the ALJ has the discretion to reject a claimant’s alleged onset date, as well as the claimant’s subjective complaints, but the ALJ must provide a sufficient rationale to permit meaningful review of those determinations. In this case, the ALJ’s failure to explain her reasoning requires remand.

Section 404.1529(c)(4) requires an ALJ to assess a claimant’s symptom statements against the other evidence and explain the specific inconsistencies used to discount them.

Gross v. Kijakazi, Acting Commissioner of Social Security · filed 2023-01-17(c)(4)

The ALJ bears the responsibility of clearly articulating why he finds Plaintiff’s statements to be incredible, citing to specific inconsistencies, and explaining how those inconsistencies support his credibility conclusion.

Symptoms alone are insufficient to establish disability and an ALJ need not credit subjective complaints over other record evidence.

Hess v. Saul · filed 2022-09-09(b)

Nevertheless, contrary to Plaintiff’s claims, the ALJ was not required to credit her subjective complaints over other evidence in the record. See 20 C.F.R. §§ 404.1529(b); 416.929(b); SSR 16-3p, 2016 WL 1119029 (Oct. 15, 2017) (symptoms alone are insufficient to establish disability).

Section 404.1529(a) provides that a claimant’s statements about pain or other symptoms cannot alone establish disability or additional functional limitations.

Phillips v. Commissioner of Social Security · filed 2021-07-07(a)

Moreover, Plaintiff only provides evidence from her testimony to support that she had qualitative social interaction limitations. An individual’s subjective statements are insufficient to establish disability. 20 C.F.R. §§ 404.1529(a), 416.929(a) (“[S]tatements about your pain or other symptoms will not alone establish that you are disabled.”). That Plaintiff merely disputes the ALJ’s conclusions does not render the ALJ’s findings any less valid under the substantial evidence standard of review. See L.D.R. v. Berryhill, 920 F.3d 1147, 1151-52 (7th Cir. 2019) (“Our review is deferential; we will not reweigh the evidence or substitute our judgment for that of the ALJ.”).

Section 404.1529(a) provides that a claimant’s statements about pain or other symptoms alone do not establish disability or functional limitations.

Wilkie v. Commissioner of Social Security · filed 2021-08-09(a)

Dr. Dumont’s mere recitation of Plaintiff’s report does not amount to a medical opinion. Rice v. Barnhart, 384 F.3d 363, 371 (7th Cir. 2004). Additionally, a claimant’s statements are not conclusive evidence of disability and are insufficient to establish functional limitations. See 42 U.S.C. § 423(d)(5)(A) (“An individual’s statement as to pain or other symptoms shall not alone be conclusive evidence of disability…”); 20 C.F.R. § 404.1529(a) (“[S]tatements about your pain or other symptoms will not alone establish that you are disabled”). Here, the ALJ found Plaintiff’s statements concerning the intensity, persistence, and limiting effects of his symptoms were not entirely consistent with the medical evidence and other evidence in the record (Tr. 31).

Section 404.1529(a) provides that a claimant’s statements about pain or other symptoms alone do not establish disability.

Kailing v. Saul · filed 2021-09-14(a)

The plaintiff also takes issue with the vocational expert’s opinion that he could perform the jobs of a library clerk or courier/vandriver because he claims to be unable to be in a seated position for extended periods of time or do any lifting. [Dkt. # 1, at 4]. But, the plaintiff is confusing his allegations with the medical evidence. A plaintiff’s allegations about his pain and limitations, alone, are not conclusive. Zoch v. Saul, 981 F.3d 597, 601 (7th Cir. 2020); 42 U.S.C. § 423(d)(5)(A) (“An individual's statement as to pain or other symptoms shall not alone be conclusive evidence of disability ....”); 20 C.F.R. § 404.1529(a) (“[S]tatements about your pain or other symptoms will not alone establish that you are disabled.”).

Section 404.1529(a) provides that symptoms alone do not establish disability; the relevant question is how the symptoms impede work-related functioning.

Probus v. Commissioner of Social Security · filed 2021-10-01(a)

Plaintiff points to the multiple symptoms she alleged, such as fatigue and vision problems, characterizing them as disabling. However, these symptoms are not per se disabling in and of themselves, and they cannot alone be the basis for finding disability. See 20 C.F.R. § 404.1529(a) (“However, statements about your pain or other symptoms will not alone establish that you are disabled.”). Rather, the relevant inquiry is the degree to which the symptoms impede functioning with respect to work-related activities.

Under § 404.1529(a), a claimant’s statement of pain or other symptoms cannot alone establish disability; medical signs and laboratory findings must show an impairment reasonably expected to produce the symptoms.

Patton v. Commissioner of Social Security · filed 2021-10-01(a)

A claimant’s statement that she is experiencing pain or other symptoms will not, taken alone, establish that she is disabled; there must be medical signs and laboratory findings which show the existence of a medical impairment that could reasonably be expected to give rise to the pain and other symptoms alleged. Id. §§ 404.1529(a), 416.929(a).

Section 404.1529(a) provides that subjective allegations alone cannot establish disability and must be corroborated by objective medical evidence.

LOGLISCI v. COMMISSIONER OF SOCIAL SECURITY · filed 2021-10-08(a)

“Subjective allegations of pain or other symptoms cannot alone establish a disability.” Miller v. Comm’r of Soc. Sec., 719 F. App’x 130, 134 (3d Cir. 2017) (citing 20 C.F.R. § 416.929(a)). Instead, objective medical evidence must corroborate a claimant’s subjective complaints. Prokopick v. Comm’r of Soc. Sec., 272 F. App’x 196, 199 (3d Cir. 2008) (citing 20 C.F.R. § 404.1529(a)).

Section 404.1529(a) provides that symptom statements alone cannot establish disability; objective medical evidence from an acceptable source must show a medical impairment that could support disability.

SB v. Commissioner of Social Security Administration · filed 2021-11-05(a)

Here, the ALJ did not find any medical or lay evidence in the record to corroborate Dr. Turner’s and Dr. Armani’s opinions other than Plaintiff’s subjective testimony, which the ALJ properly determined is insufficient to establish a medically determinable impairment, pursuant to § 404.1521. (Doc. 17-3 at 27); see also 20 C.F.R. § 404.1529 (“[S]tatements about your pain or other symptoms will not alone establish that you are disabled. There must be objective medical evidence from an acceptable medical source that shows you have a medical impairment[] which…would lead to the conclusion that you are disabled.”).

Section 404.1529(a) requires consideration of how symptoms affect daily activities and work, but symptom statements alone cannot establish disability.

Anderson v. Kijakazi · filed 2021-11-29(a)

The AL] considers a claimant’s statement about symptoms, and any description by medical sources ot nonmedical sources about how the symptoms affect activities of daily living and the ability to work. However, statements about symptoms alone will not establish disability. 20 C.F.R. § 404.1529(a). ... The court finds that the mental status examinations are substantial evidence that supports the ALJ’s conclusion that Andrea is not disabled.

Section 404.1529(a) permits consideration of symptom testimony but provides that pain or other symptom statements alone cannot establish disability without objective medical evidence of an impairment reasonably expected to produce them.

LOWTHER v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-01-25(a)

When conducting an analysis of a claimant’s disability, an ALJ will consider the claimant’s subjective testimony about his or her symptoms and pain. See 20 C.F.R. § 404.1529(a); SSR 16-3p. Disability, however, cannot be established solely by a claimant’s statements about pain or other symptoms. 20 C.F.R. § 404.1529(a). “There must be objective medical evidence from an acceptable medical source that shows [the claimant has] a medical impairment[] which could reasonably be expected to produce the pain or other symptoms alleged . . . .” Id.

Section 404.1529 provides that pain or limitation statements alone do not establish disability and requires consideration of all objective and subjective record evidence to determine functional effects.

Morris v. Social Security Administration, Commissioner · filed 2022-02-01(a)-(c)

The regulations provide that a claimant’s statements about pain or limitations alone are not sufficient to establish disability. ... The ALJ should consider all record evidence, both objective and subjective, to determine the effect of subjective complaints on a claimant’s ability to function.

Section 404.1529(a) provides that pain statements alone do not establish disability and requires consideration of both objective and subjective record evidence in determining functional effect.

Osborne v. Social Security Administration, Commissioner · filed 2022-02-07(a)

The regulations provide that a claimant’s statements about pain or limitations alone are not sufficient to establish disability. 20 C.F.R. § 404.1529(a). The ALJ should consider all record evidence, both objective and subjective, to determine the effect of subjective complaints on a claimant’s ability to function.

Section 404.1529(a) provides that subjective allegations alone cannot establish disability and must be supported by objective medical evidence of an impairment.

BOSWELL v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-02-25(a)

“Subjective allegations of pain or other symptoms cannot alone establish a disability.” Miller v. Comm’r of Soc. Sec., 719 F. App’x 130, 134 (3d Cir. 2017) (citing 20 C.F.R. § 416.929(a)). Instead, objective medical evidence must corroborate a claimant’s subjective complaints. Prokopick v. Comm’r of Soc. Sec., 272 F. App’x 196, 199 (3d Cir. 2008) (citing 20 C.F.R. § 404.1529(a)).

Section 404.1529(a) requires consideration of statements from the claimant and medical and nonmedical sources about how symptoms affect daily activities and work, but symptom statements alone do not establish disability.

Weaver v. Kijakazi · filed 2022-03-11(a)

The ALJ considers a claimant’s statement about symptoms and any description by medical sources or nonmedical sources about how the symptoms affect activities of daily living and the ability to work. However, statements about symptoms alone will not establish disability.

Section 404.1529(a) provides that subjective allegations alone cannot establish disability and requires the ALJ to assess whether they are reasonably consistent with objective medical and other evidence.

Gilmore v. Commissioner of Social Security Administration · filed 2022-03-11(a)

A claimant’s subjective allegations of pain or other symptoms alone can never establish disability. 42 U.S.C. § 423(d)(5)(A); 20 C.F.R. § 404.1529(a); SSR 16-3p, 2017 WL 5180304, at *2 (Oct. 25, 2017). Rather, the ALJ must consider “the extent to which [statements about subjective] symptoms can reasonably be accepted as consistent with objective medical evidence and other evidence” in the record.

Section 404.1529(a) bars establishing an impairment or disability from symptoms or diagnosis alone but still requires considering symptoms and descriptions of their effect on daily life and work.

Black v. Social Security Administration, Commissioner · filed 2022-03-15(a)

The claimant cannot rely only on a “statement of symptoms, a diagnosis, or a medical opinion to establish the existence of an impairment(s),” or to establish disability in general. Id.; see 20 C.F.R. § 404.1529(a). ... An ALJ will still “consider all of [the claimant’s] symptoms, including pain, and the extent to which [those] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence . . . and any description . . . medical sources or nonmedical sources may provide about how the symptoms affect [the claimant’s] activities of daily living and [their] ability to work.” 20 C.F.R. § 404.1529(a).

Section 404.1529(a) provides that subjective complaints alone are insufficient to establish disability.

Valle v. Social Security Administration, Commissioner · filed 2022-03-21(a)

A claimant’s subjective complaints are insufficient to establish a disability. See 20 C.F.R. § 404.1529(a); Edwards v. Sullivan, 937 F.2d 580, 584 (11th Cir. 1991).

Section 404.1529(a) requires consideration of statements from the claimant and medical and nonmedical sources about how symptoms affect daily activities and work, but symptom statements alone do not establish disability.

Greco v. Kijakazi · filed 2022-03-22(a)

The AL] considers a claimant’s statement about symptoms, and any description by medical sources, or nonmedical sources about how the symptoms affect activities of daily living and the ability to work. However, statements about symptoms alone will not establish disability.

Section 404.1529(a) makes symptom testimony relevant but not conclusive evidence of disability, and an ALJ must consider it unless the ALJ gives a sufficient basis for discounting it.

Holley Jr. v. Kijakazi · filed 2022-03-22(a)

A claimant’s testimony regarding the pain and severity of symptoms is not conclusive evidence of disability. 42 U.S.C. § 423(d)(5)(A); 20 C.F.R. § 404.1529(a). Testimony as to a claimant’s symptoms must be taken into consideration unless the ALJ makes a determination to disregard such testimony.

Section 404.1529(a) provides that symptom statements alone cannot establish disability; acceptable objective medical evidence must show an impairment that could reasonably produce the alleged symptoms.

Daniels v. O'Malley · filed 2022-03-29(a)

However, statements about [a claimant’s] pain or other symptoms will not alone establish that [the claimant is] disabled. There must be objective medical evidence from an acceptable medical source that shows [the claimant has] a medical impairment(s) which could reasonably be expected to produce the pain or other symptoms alleged and that, when considered with all of the other evidence (including statements about the intensity and persistence of [the claimant’s] pain or other symptoms which may reasonably be accepted as consistent with the medical signs and laboratory findings), would lead to a conclusion that [the claimant is] disabled.”

Section 404.1529(a) requires consideration of a claimant’s pain and symptom statements but provides that statements alone do not establish disability.

WRIGHT v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-04-08(a)

In making the RFC determination, the ALJ is required to consider the claimant's statements regarding her pain and symptoms. 20 C.F.R. § 404.1529(a). However, the claimant's statements are not sufficient, standing alone, to establish the claimant is disabled.

Section 404.1529(a) makes symptom testimony relevant but not conclusive evidence of disability, and it must be considered unless the ALJ sufficiently determines that it should be discounted.

Gerken v. Kijakazi · filed 2022-05-31(a)

A claimant’s testimony regarding the pain and severity of symptoms is not conclusive evidence of disability. 42 U.S.C. § 423(d)(5)(A); 20 C.F.R. § 404.1529(a). Testimony as to a claimant’s symptoms must be taken into consideration unless the ALJ makes a determination to disregard such testimony.

Section 404.1529(a) provides that symptom statements alone do not establish disability without medical signs and laboratory findings of a symptom-producing impairment.

GIACOBBE v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-06-13(a)

A claimant’s statements about pain or other symptoms, including intensity and persistence, will not alone establish disability; there must be medical signs and laboratory findings which show medical impairment(s) that could reasonably be expected to produce the pain alleged. 20 C.F.R. § 404.1529(a).

Section 404.1529(a) provides that a claimant’s own symptom description alone is insufficient to establish an impairment and must be accompanied by objective medical evidence.

FORD v. KIJAKAZI · filed 2022-06-14(a)

A claimant’s own description of his impairments and symptoms standing alone is not sufficient to establish an impairment. See 20 C.F.R. § 404.1529(a). Rather, the claimant must also present objective medical evidence. See id.

A claimant’s statements about pain or other symptoms do not alone establish disability; the symptoms must reasonably accord with objective medical evidence and other evidence.

Freeman v. SSA · filed 2022-07-06(a)

In evaluating complaints of pain, the ALJ should consider the claimant’s symptoms and the extent to which they “can reasonably be accepted as consistent with the objective medical evidence and other evidence.” 20 C.F.R. § 404.1529(a). Importantly, “statements about [a claimant’s] pain or other symptoms will not alone establish that [a claimant] is disabled.” Id.

A claimant’s symptom testimony alone does not establish disability, but lack of supporting objective medical evidence may not be the sole basis for discounting that testimony.

Sullivan v. Commissioner of Social Security Administration · filed 2022-07-07(a)

A claimant’s subjective testimony alone will not establish a disability, and an ALJ will determine whether the claimant’s alleged limitations are consistent with medical sources. 20 C.F.R. § 404.1529(a). ... A lack of supporting objective medical evidence may not serve as the sole basis to discount a claimant’s testimony.

Section 404.1529(a) provides that statements about pain or other symptoms do not alone establish disability; the ALJ must assess whether objective evidence confirms the severity or the established condition could reasonably produce the alleged disabling pain.

Fee v. SSA · filed 2022-07-11(a)

A claimant’s statements regarding “pain or other symptoms will not alone establish that [he is] disabled . . . .” 20 C.F.R. § 404.1529(a). Where, as here, a claimant’s symptoms—such as pain—and not the underlying condition form the basis of disability, the ALJ applies a two-step analysis. See Duncan v. Sec’y of Health & Human Servs., 801 F.2d 847, 853 (6th Cir. 1986). First, the ALJ must determine whether “objective medical evidence confirms the severity of the alleged pain arising from the condition.” Id. Second, the ALJ must consider “whether the objectively established medical condition is of such a severity that it can reasonably be expected to produce the alleged disabling pain.” Id.; see also 20 C.F.R. § 404.1529(a).

A claimant’s statements about pain or other symptoms must be considered but cannot, by themselves, establish disability.

Rhone v. Social Security · filed 2022-07-21(a)

Congress expressly prohibits granting disability benefits based on a claimant’s subjective complaints. See 42 U.S.C. § 423(d)(5)(A) (“An individual’s statement as to pain or other symptoms shall not alone be conclusive evidence of disability”); 20 C.F.R. § 404.1529(a) (an ALJ will consider all of a claimant's statements about symptoms including pain, but statements about pain or other symptoms “will not alone establish” claimant's disability).

Under Section 404.1529(a), subjective allegations of pain or other symptoms unsupported by objective medical evidence cannot alone establish disability.

Smith v. Commissioner of Social Security · filed 2022-08-03(a)

Subjective allegations of pain or other symptoms, unsupported by objective medical evidence, cannot alone establish a disability. 20 C.F.R. § 404.1529(a).

Section 404.1529(a) requires a claimant’s subjective allegations to be supported by objective medical evidence capable of corroborating the complaints.

MORGART v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-08-16(a)

“Subjective allegations of pain or other symptoms cannot alone establish a disability.” Miller v. Comm’r of Soc. Sec., 719 F. App’x 130, 134 (3d Cir. 2017) (citing 20 C.F.R. § 416.929(a)). Instead, objective medical evidence must corroborate a claimant’s subjective complaints. Prokopick v. Comm’r of Soc. Sec., 272 F. App’x 196, 199 (3d Cir. 2008) (citing 20 C.F.R. § 404.1529(a)).

Under Section 404.1529(a), subjective allegations of pain alone cannot establish disability.

VIOLA v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-08-17(a)

A claimant’s statements about pain or other symptoms, including intensity and persistence, will not alone establish disability; there must be medical signs and laboratory findings which show medical impairment(s) that could reasonably be expected to produce the pain alleged. 20 C.F.R. § 404.1529(a).

Under Section 404.1529(a), statements of subjective pain alone cannot establish disability.

Concialdi v. Commissioner of Social Security · filed 2022-08-17(a)

Social Security regulations provide that statements of subjective pain alone cannot establish a disability. Genier v. Astrue, 606 F.3d 46, 49 (2d Cir. 2010); citing 20 C.F.R. §404.1529(a).

Subjective allegations of pain or other symptoms unsupported by objective medical evidence cannot alone establish disability.

Abbott v. Commissioner of Social Security · filed 2022-08-31(a)

Subjective allegations of pain or other symptoms, unsupported by objective medical evidence, cannot alone establish a disability. 20 C.F.R. §§ 404.1529(a), 416.929(a).

Section 404.1529(a) requires consideration of all symptom statements but provides that those statements alone cannot establish disability or a severe impairment.

Gordon v. Kijakazi · filed 2022-09-09(a)

[W]ithout any medical evidence that Plaintiff had an ankle impairment after August 29, 2001, Plaintiff's testimony is simply insufficient to establish a severe impairment. ... see also 20 C.F.R. § 404.1529(a) (“We will consider all of your statements about your symptoms. . . However, statements about your pain or other symptoms will not alone establish that you are disabled.”).

A claimant’s subjective symptom statements alone do not establish disability.

(SS) Ervin v. Commissioner of Social Security · filed 2022-09-12(a)

A claimant’s stat e m ents of subjective symptoms alone are insufficient grounds to establish disability. 20 C.F.R § 404.1529(a).

Subjective complaints alone are insufficient to establish disability.

Chunn v. Social Security Administration, Commissioner · filed 2022-09-08(a)

Plaintiff’ s subjective complaints alone are insufficient to establish a disability.

Statements about pain or other symptoms alone cannot establish disability; the claimant must also show an underlying medical condition and confirming evidence or a reasonable expectation that the condition would cause the claimed symptoms.

HARPER v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-09-14(a)

Further, statements about pain or other symptoms cannot alone establish that an individual is disabled. 20 C.F.R. §§ 404.1529(a), 416.929(a). In order to establish a disability based on testimony of pain and other symptoms, the claimant must satisfy two parts of a three-part test showing: (1) evidence of an underlying medical condition; and (2) either (a) objective medical evidence confirming the severity of the alleged pain; or (b) that the objectively determined medical condition can reasonably be expected to give rise to the claimed pain.

A symptom allegation standing alone is insufficient to establish impairment or disability.

Rinaldi v. Saul · filed 2022-09-20(a)

Standing alone, a claimant’s allegation of a symptom is not enough to establish an impairment or disability. 20 C.F.R. § 404.1529(a); Prokopick v. Comm’r of Soc. Sec., 272 Fed. App’x 196, 199 (3d Cir. 2008) (“Under the regulations, an ALJ may not base a finding of disability solely on a claimant’s statements about disabling pain”).

A claimant’s statements about pain or other symptoms cannot, standing alone, establish disability under § 404.1529(a).

Cuestas v. Saul, Commissioner of Social Security · filed 2022-09-29(a)

Congress prohibits an ALJ from granting disability benefits based solely on a claimant’s ... subjective complaints.

Section 404.1529(a) provides that subjective complaints alone cannot establish disability; the claimant must supply medical or other evidence supporting the alleged functional limitations.

Hewitt v. Social Security Administration · filed 2022-09-30(a)

However, a claimant’s subjective complaints of pain or other symptoms, alone, cannot establish disability. See 20 C.F.R. §§ 404.1529(a), 416.929(a). ... Here, no physician or psychologist opined that plaintiff’s panic attacks require limitations beyond those included in the RFC determination.

Section 404.1529 does not allow symptoms alone to establish disability and requires an ALJ first to determine whether a medically determinable impairment could reasonably produce the alleged symptoms.

Hohman v. Commissioner of Social Security · filed 2022-09-30(a), (b)

Standing alone, a claimant’s allegation of pain or other symptoms is not enough to establish an impairment or disability. 20 C.F.R. § 404.1529(a); Prokopick v. Comm’r of Soc. Sec., 272 Fed. App’x 196, 199 (3d Cir. 2008) (“Under the regulations, an ALJ may not base a finding of disability solely on a claimant’s statements about disabling pain . . . .”). ... First, the ALJ must determine whether there is a medically determinable impairment that could reasonably be expected to produce the symptoms alleged. Id. at *3; see also 20 C.F.R. § 404.1529(b).

Subjective allegations of pain or other symptoms cannot alone establish disability under § 404.1529(a).

FIELDS v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-10-14(a)

“Subjective allegations of pain or other symptoms cannot alone establish a disability.”

Subjective symptom complaints alone cannot compel additional work restrictions under § 404.1529 without supporting objective medical evidence or other source evidence of functional limitations.

Morris v. Commissioner of Social Security · filed 2022-10-14

The burden is on Plaintiff to show she was more limited than found by the ALJ, and while she cites heavily to her subjective complaints, this alone cannot compel a finding of greater restrictions. 20 C.F.R. § 404.1529 (subjective statements about pain or other symptoms alone will not support a finding of disability); Genier v. Astrue, 606 F.3d 46, 49 (2d Cir. 2010) (The ALJ “is not required to accept the claimant’s subjective complaints without question,” and “may exercise discretion” in weighing the allegations in light of the other evidence in the record).

Under § 404.1529(a), symptom statements alone do not establish disability; an ALJ may evaluate them against medical signs, laboratory findings, testimony, treatment history, and other record evidence.

ZAMLOUT v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-10-28(a)

As for Plaintiff’s alleged physical impairments, Plaintiff’s statements about pain or other symptoms, including intensity and persistence, will not alone establish disability. There must be medical signs and laboratory findings which show medical impairment(s) that could reasonably be expected to produce the pain alleged. 20 C.F.R. § 404.1529(a). ... When read as a whole, it is evident the ALJ considered and incorporated into his reasoning Plaintiff’s testimony, treatment history, and the findings of various treating and consultative physicians, which are consistent with his decision.

Section 404.1529(a) prohibits granting disability benefits based solely on a claimant's statements about pain or other symptoms.

Luna v. Kijakazi · filed 2022-11-15(a)

Both the Act and the regulations prohibit granting disability benefits based solely on a claimant’s subjective complaints. 42 U.S.C. § 423(d)(5)(A) (“[a]n individual’s statement as to pain or other symptoms shall not alone be conclusive evidence of disability”); 20 C.F.R. § 404.1529(a) (“statements about your pain or other symptoms will not alone establish that you are disabled”).

Section 404.1529 provides that allegations alone cannot establish disability and permits an ALJ to discount subjective complaints that are unsupported by the record.

Odom v. Commissioner of the Social Security Administration · filed 2022-12-06

A claimant’s allegations alone can never establish that he is disabled. 20 C.F.R. § 404.1529. ... Based on the evidence before the ALJ, the ALJ conducted a proper evaluation of subjective symptoms and cited substantial evidence to support the finding that Plaintiff’s allegations of disabling symptoms were not consistent with the record.

Section 404.1529(a) prohibits disability benefits based solely on subjective complaints.

Allen v. Kijakazi · filed 2023-03-09(a)

Both the Act and the regulations prohibit granting disability benefits based solely ... on a claimant’s subjective complaints.

Section 404.1529 provides that subjective statements alone cannot establish disability and requires first identifying an impairment reasonably expected to produce the symptoms, then testing the claimed extent of symptoms against objective and other evidence.

Napolitano v. Kijakazi · filed 2023-05-02(a)-(b)

SSA regulations provide that statements of subjective pain and other symptoms alone cannot establish a disability. Genier v. Astrue, 606 F.3d 46, 49 (2d Cir. 2010) (citing 20 C.F.R. § 404.1529(a)). The ALJ must follow a two-step framework for evaluating allegations of pain and other limitations. Id. First, the ALJ considers whether the claimant suffers from a “medically determinable impairment that could reasonably be expected to produce” the symptoms alleged. Id. (citing 20 C.F.R. § 404.1529(b)). “If the claimant does suffer from such an impairment, at the second step, the ALJ must consider ‘the extent to which [the claimant’s] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence’ of record.” Id. (citing 20 C.F.R. § 404.1529(a)).

Section 404.1529(a) makes a claimant’s symptom statement nonconclusive and leaves the claimant responsible for producing medical evidence supporting disability.

Nimmer v. Kijakazi · filed 2023-06-07(a)

But the plaintiff bears the burden to prove she is disabled by producing ... medical evidence. 42 U.S.C. § 423(d)(5)(A)(“An individual's statement as to pain or other ... symptoms shall not alone be conclusive evidence of disability....”); 20 C.F.R. §§ 404.1529(a); 416.929(a); Gedatus, 994 F.3d at 905 (7th Cir. 2021); Karr, 989 F.3d at 513 (7th Cir. 2021)(plaintiff must “identify[ ] ... objective evidence in the record” that she is disabled); Castile v. Astrue, 617 F.3d 923, 927 (7th Cir. 2010). ... He simply thought–understandably so, given the evidence – that the record failed to indicate that the resulting symptoms were severe enough to preclude work.

Section 404.1529(a) provides that a claimant's statements about pain or other symptoms cannot alone establish disability.

Tedrow v. Kijakazi · filed 2023-06-20(a)

Both the Act and the regulations prohibit granting disability benefits based solely on a claimant’s subjective complaints. 42 U.S.C. § 423(d)(5)(A) (“[a]n individual’s statement as to pain or other symptoms shall not alone be conclusive evidence of disability”); 20 C.F.R. § 404.1529(a) (“statements about your pain or other symptoms will not alone establish that you are disabled”).

Section 404.1529(a) provides that subjective allegations of pain or other symptoms cannot alone establish disability and must be corroborated by objective medical evidence.

BLACK v. COMMISSIONER OF SOCIAL SECURITY · filed 2023-06-27(a)

“Subjective allegations of pain or other symptoms cannot alone establish a disability.” Miller v. Comm’r of Soc. Sec., 719 F. App’x 130, 134 (3d Cir. 2017) (citing 20 C.F.R. § 416.929(a)). Instead, objective medical evidence must corroborate a claimant’s subjective complaints. Prokopick v. Comm’r of Soc. Sec., 272 F. App’x 196, 199 (3d Cir. 2008) (citing 20 C.F.R. § 404.1529(a)).

Section 404.1529 does not require an RFC restriction based solely on a claimant’s symptom allegation; the limitation must be supported by medical signs and findings of an impairment reasonably expected to produce it, considered with objective evidence and the other symptom factors.

Blanton v. SSA · filed 2023-06-29(a), (c)(2)-(3)

To the extent the consultants did assess Plaintiff with such a limitation, ALJ Sanders did not err in declining to adopt that portion of their assessment, which was based on Plaintiff’s subjective allegations. A claimant’s statement that she is experiencing pain or other symptoms will not, taken alone, establish that she is disabled. See 20 C.F.R. § 404.1529(a); Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 530 (6th Cir. 1997); Duncan v. Sec’y of Health & Human Servs., 801 F.2d 847, 853 (6th Cir. 1986). There must be medical signs and laboratory findings which show the ... existence of a medical impairment that could reasonably be expected to produce the limitation ... alleged. ... In evaluating the claimant’s subjective complaints, the ALJ considers objective medical evidence, as well as other non-exhaustive factors such as evidence of daily activities, the frequency and intensity of symptoms, medication taken and any resulting side effects, and any other curative measures taken. See 20 C.F.R. §§ 404.1529(c)(2), (3), 416.929(c)(2), (c)(3). Considering the objective medical evidence of record, ALJ Sanders appropriately decided not to include the extreme limitation that Plaintiff could not be around more than five people at one time.

Section 404.1529(a) does not permit a claimant’s assertions of pain alone to establish additional nonexertional limitations beyond an RFC otherwise supported by the longitudinal evidence.

Gonzales v. Social Security Administration · filed 2023-07-31(a)

Thus, the ALJ considered all the relevant evidence related to Claimant’s chronic pain and explained how such evidence supported the RFC assessment. ... Claimant fails to point to any evidence other than his own assertions to support the additional limitations he claims. See 20 C.F.R. §§ 404.1529(a), 416.929(a) (“[S]tatements about [a claimant’s] pain or other symptoms will not alone establish that [he is] disabled.”); see also Hamilton v. Sec’y of Health & Hum. Servs., 961 F.2d 1495, 1499 (10th Cir. 1992) (“[a claimant’s] testimony alone cannot establish a nonexertional impairment”). The longitudinal evidence in the record does not reflect further limitations; there is no medical source opinion in the record that identifies limitations greater than those included in the RFC assessment; and the ALJ thoroughly considered the evidence of record.

Section 404.1529 provides that symptom statements alone cannot establish disability and requires a two-step inquiry into a symptom-producing impairment and consistency with objective and other evidence.

Shand v. Commissioner of Social Security · filed 2023-08-11(a)-(b)

SSA regulations provide that statements of subjective pain and other symptoms alone cannot establish a disability. Genier v. Astrue, 606 F.3d 46, 49 (2d Cir. 2010) (citing 20 C.F.R. § 404.1529(a)). The ALJ must follow a two-step framework for evaluating allegations of pain and other limitations.

Section 404.1529(a) prevents symptom testimony alone from establishing disability or an unsupported functional limitation when the medical and other evidence contradicts the alleged symptoms.

Godi v. Kijakazi · filed 2023-09-05(a)

Plaintiff also fails to cite any record or medical opinion evidence that supports her alleged disabling symptoms. ... Congress expressly prohibits granting disability benefits based on a claimant’s subjective complaints. ... The Court therefore concludes Plaintiff has failed to establish disabling symptoms of IBS from her testimony alone. ... Based on the above, the Court concludes Plaintiff failed to demonstrate that she had work-related limitations from IBS or her alleged symptoms during the relevant period. ... Substantial evidence therefore supports the ALJ’s decision not to incorporate additional bathroom breaks in her RFC based exclusively on Plaintiff’s testimony, which was contradicted by the record evidence.

Section 404.1529(c)(4) permits an adjudicator to omit an alleged need for prolonged leg elevation when the allegation rests solely on testimony, no treating source prescribed it, and the decision expressly finds it inconsistent with the record.

TROYCHECK v. KIJAKAZI · filed 2023-09-18(c)(4)

The ALJ was not, of course, required to accept Plaintiff’s testimony without question, see 20 C.F.R. § 404.1529(c)(4); Chandler v. Comm’r of Soc. Sec., 667 F.3d 356, 363 (3d Cir. 2011), and here he relied on more than substantial evidence in finding Plaintiff’s testimony to be lacking in credibility. ... Plaintiff’s claims about needing to lift her legs for extended periods because of her edema were based solely on her own testimony; no treating source prescribed or suggested such activity, much less offered an opinion that such activity was medically necessary. ... As noted, the ALJ clearly acknowledged Plaintiff’s allegations about elevating her legs and deemed these allegations to be inconsistent with the record. ... Accordingly, it was not error to omit any such limitations from the RFC.

Section 404.1529(a) provides that a claimant's statements about pain or other symptoms cannot alone establish disability and may be discounted when inconsistent with objective medical evidence.

KAUER v. KIJAKAZI · filed 2023-11-29(a)

Nevertheless, a claimant’s own statements about pain or other symptoms are not sufficient, by themselves, to establish that he or she is disabled. 20 C.F.R. § 404.1529(a). Thus, an ALJ may discount subjective complaints if they are inconsistent with the objective medical evidence.

Section 404.1529(a) provides that subjective symptom statements alone are insufficient to establish disability.

(SS) Hedrick v. Commissioner of Social Security · filed 2024-01-04(a)

A claimant’s statements of subjective symptoms alone are insufficient grounds to establish disability. 20 C.F.R § 404.1529(a).

Section 404.1529(a) provides that symptom statements alone are not conclusive evidence of disability.

Thomas v. Kijakazi · filed 2024-03-11(a)

The Act and the regulations prohibit granting disability benefits based solely on a claimant’s subjective complaints. See 42 U.S.C. § 423(d)(5)(A) (“An individual’s statement as to pain or other symptoms shall not alone be conclusive evidence of disability”); 20 C.F.R. § 404.1529(a) (“[S]tatements about your pain or other symptoms will not alone establish that you are disabled”).

Section 404.1529(a) provides that subjective complaints of pain standing alone are insufficient to establish disability.

Upton v. Social Security Administration, Commissioner · filed 2024-03-12(a)

Standing alone, Upton’s subjective complaints of pain are insufficient to establish a disability. See 20 C.F.R. §§ 404.1529(a), 416.926(a); Edwards v. Sullivan, 937 F.2d 580, 584 (11th Cir. 1991).

Section 404.1529(a) provides that symptom statements alone cannot establish disability.

Baquer v. Kijakazi · filed 2024-03-20(a)

Such “statements about … symptoms will not alone establish that [a claimant is] disabled.” See 20 C.F.R. § 404.1529(a).

Section 404.1529 provides that statements of pain or other symptoms alone are not conclusive evidence of disability.

Nix v. Commissioner of Social Security · filed 2024-03-29

While a claimant’s statements of pain or other symptoms are considered, those statements alone are not conclusive evidence of a disability. See 42 U.S.C. § 423(d)(5)(A); 20 C.F.R. § 404.1529.

Section 404.1529(a) provides that subjective complaints of pain or other symptoms alone cannot establish disability.

Lavine v. Social Security Administration · filed 2024-03-29(a)

A claimant’s subjective complaints of pain or other symptoms alone cannot establish disability. See 20 C.F.R. §§ 404.1529(a), 416.929(a).

Section 404.1529(a) provides that pain or symptom statements alone cannot establish disability.

Glovka, Monica v. O'Malley, Martin · filed 2024-05-22(a)

In sum, the ALJ did not ignore Glovka’s testimony about her subjective complaints. Instead, he reasonably concluded that none of those complaints warranted additional work restrictions given the lack of supporting objective medical evidence. See 42 U.S.C. § 423(d)(5)(A) (“An individual's statement as to pain or other symptoms shall not alone be conclusive evidence of disability ....”); 20 C.F.R. § 404.1529(a) (“[S]tatements about your pain or other symptoms will not alone establish that you are disabled.”).

Section 404.1529(a) provides that a claimant’s statements about pain or other symptoms alone do not establish disability.

Hearns v. O'Malley · filed 2024-10-09(a)

The ALJ considered Plaintiff’s reports of debilitating pain but pursuant to Social Security Ruling 16-3p, 2017 WL 5180304, found they were inconsistent with Plaintiff’s substantial gainful activity following her alleged onset date, the objective findings in the record, and her recommended course of treatment. See R. 21–22; see also 20 C.F.R. § 404.1529(a) (“[S]tatements about your pain or other symptoms will not alone establish that you are disabled.”).

Subsection (a) requires objective medical evidence from an acceptable medical source to establish disability; a claimant’s statements about medication side effects do not suffice by themselves.

Brucelas-Rodriguez v. Commissioner of Social Security · filed 2023-07-07(a)

Further, there must be objective medical evidence from an acceptable medical source to find that a claimant is disabled. 20 C.F.R. § 404.1529(a). Because none exists, even if the ALJ erroneously failed to explain why she discounted Brucelas-Rodriguez’s testimony regarding her medication side effects, such an error would be harmless and thus not warrant remand.

Subsection (a) provides that symptom statements alone do not establish disability and must be supported by objective medical evidence from an acceptable medical source.

King v. SSA · filed 2024-03-25(a)

“[S]tatements about your pain or other symptoms will not alone establish that you are disabled. There must be objective medical evidence from an acceptable medical source that . . . would lead to a conclusion that you are disabled.”

Under § 404.1529(a), a claimant’s statements about symptoms cannot by themselves establish disability.

SIMS · filed 2025-12-19(a)

Social Security regulations provide that subjectively alleged symptoms alone cannot establish disability. 20 C.F.R. § 404.1529(a) (“statements about your pain or other symptoms will not alone establish that you are disabled.”).

Section 404.1529(a) requires careful consideration of symptom statements but provides that those statements alone cannot establish disability and need not be credited.

Frederick T. v. Commissioner of Social Security · filed 2025-12-29(a)

While “statements of the individual concerning his or her symptoms must be carefully considered” by the ALJ, the claimant’s subjective statements alone cannot establish disability, and “the ALJ is not required to credit them.” Chandler, 667 F.3d at 363 (citing 20 C.F.R. § 404.1529(a)).

Under § 404.1529(a), statements about pain or other symptoms cannot alone establish disability.

Ramsdell · filed 2026-01-26(a)

While “pain alone, if the result of a medical impairment, may be severe enough to constitute disability,” King v. Heckler, 742 F.2d 968, 974 (6th Cir. 1984), a claimant’s “statements about [her] pain or other symptoms will not alone establish ... that [she is] disabled.” 20 C.F.R. § 404.1529(a); see also, Hash v. Commissioner of Social Security, 309 Fed. Appx. 981, 989 (6th Cir., Feb. 10, 2009).