20 C.F.R. § 404.1529

Section 404.1529(c)(2) prohibits an ALJ from discrediting a claimant’s testimony about pain and limitations solely because objective medical evidence does not support it.

Villano v. Astrue · filed 2009-02-11(c)(2)

Furthermore, the ALJ may not discredit a claimant’s testimony about her pain and limitations solely because there is no objective medical evidence supporting it.

Section 404.1529 requires consideration of the claimant's and others' subjective statements, but those statements alone cannot establish disability without objective medical evidence.

Vella v. Astrue · filed 2009-07-07(a)

Subjective statements made by the claimant and others, however, will not establish disability without the support of objective medical evidence.

Section 404.1529(c) requires an ALJ assessing subjective symptoms to consider factors including daily activities, pain or other symptoms, aggravating factors, medication, treatment, and limitations.

Nicholson v. Astrue · filed 2009-08-18(c)

In assessing a claimant’s credibility, an ALJ must consider several factors, including the claimant’s daily activities, his level of pain or symptoms, aggravating factors, medication, treatment, and limitations. See 20 C.F.R. § 404.1529(c); S.S.R. 96-7p.

Section 404.1529(c) requires an ALJ evaluating pain and other symptoms to consider objective medical evidence along with the claimant's daily activities, pain characteristics, medication, treatment, measures used for relief, and functional limitations; objective evidence alone cannot justify rejecting the claimant's statements.

Berkowski v. Commissioner of Social Security · filed 2009-09-09(c)(2), (c)(3)

To the extent that the ALJ found that Plaintiffs statements are not substantiated by the objective medical evidence in the record, the Regulations explicitly provide that “we will not reject your statements about the intensity and persistence of your pain or other symptoms or about the effect your symptoms have on your ability to work solely because the available objective medical evidence does not substantiate your statements.” 20 C.F.R. § 404.1529(c)(2). In addition to objective medical evidence, the ALJ must consider: (1) the claimant’s daily activities, (2) the location, duration, frequency, and intensity of claimant’s pain, (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication taken to alleviate pain or other symptoms, (5) treatment, other than medication, for pain relief, (6) any measures used to relieve the pain, and (7) functional limitations and restrictions due to the pain. ... The ALJ has not explained how he discounted Plaintiffs complaints of debilitating pain. ... Based upon the foregoing, the Court concludes that substantial evidence does not support the ALJ’s credibility assessment with respect to Plaintiffs allegations of the severity of the pain he suffers.

Section 404.1529 requires the adjudicator to consider specified factors when evaluating the intensity and persistence of pain or other symptoms, including daily activities, symptom characteristics, medication, treatment, and other measures used for relief.

Adkins v. Astrue · filed 2009-09-28(b)

When evaluating the intensity and persistence of pain (or other symptoms), the adjudicator must consider the following factors: activities of daily living; the location, duration, frequency, and intensity of the pain; precipitating and aggravating factors; the type, dosage, effectiveness, and side effects of pain medications; treatment, other than medication, which the claimant has undergone for pain; any other measures the claimant uses to alleviate pain; and any other relevant factors (20 CFR 404.1529, 416.929).

Section 404.1529 requires an ALJ to consider all record evidence and specified factors when evaluating a claimant’s symptoms and to give specific reasons for the weight assigned to the claimant’s testimony.

Alcantara v. Astrue · filed 2009-10-21(c)(3)

In assessing a claimant’s credibility, the ALJ must consider all of the evidence in the record and give specific reasons for the weight accorded to the claimant’s testimony. ... Accordingly, the case must be remanded for the ALJ to provide more detailed reasons for her credibility determination, taking into consideration the factors set forth in 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 permits an ALJ evaluating a claimant's credibility to consider the claimant's daily activities and the type, dosage, effectiveness, and side effects of medication used to relieve symptoms.

Vesy v. Astrue · filed 2009-11-17(c)(3)(i), (iv)

In evaluating a claimant’s credibility, the ALJ may consider, among other things, the claimant’s daily activities and the “type, dosage, effectiveness, and side effects” of any medication that the claimant uses to relieve her symptoms. 20 C.F.R. § 404.1529(c)(3)(i), (iv).

Section 404.1529(c)(3) treats pain and other symptoms as factors in functional loss when medical signs or laboratory findings establish an impairment reasonably expected to cause them.

Meyers v. Astrue · filed 2010-01-14(c)(3)

Pain or other symptoms may also be important factors contributing to functional loss. 20 C.F.R. § 404.1529(c)(3). Pain or other symptoms affect a claimant’s ability to perform basic work activities if relevant medical signs or laboratory findings show the existence of a medically determinable impairment that could “reasonably” be expected to cause the associated pain or other symptoms.

Section 404.1529(a) requires an ALJ to consider all symptoms and pain that can reasonably be accepted as consistent with the objective medical evidence and other evidence.

Carlson v. Astrue · filed 2010-01-21(a)

The Commissioner’s regulations instruct the ALJ to evaluate a claimant’s symptoms, including pain. 20 CFR § 404.1529. The ALJ must consider all symptoms and pain which “can be reasonably accepted as consistent with the objective medical evidence, and other evidence.” 20 CFR § 404.1529(a). Here the ALJ considers a claimant’s statements regarding his symptoms, but they must be accompanied by medical signs and laboratory findings. Id.

Section 404.1529(a) requires an ALJ to consider all statements about a claimant’s symptoms but does not permit those statements alone to establish disability; the claimant must also show medical evidence of an impairment reasonably expected to produce the symptoms.

Anderson v. Astrue · filed 2010-02-01(a)

In assessing a claimant’s symptoms, an ALJ must consider all of the claimant’s statements about his symptoms, including his subjective allegations of pain and its effect on his daily life and ability to work. 20 C.F.R. § 404.1529(a). However, a claimant’s own statements about his pain are not alone conclusive evidence of disability; there must also be medical evidence of an impairment that could reasonably be expected to produce the alleged pain or other symptoms. ... The regulations, however, plainly require that the claimant demonstrate a medically determinable ailment that would give rise to those symptoms in order to obtain benefits. 20 C.F.R. § 404.1529(a). Here, Plaintiff underwent multiple x-rays and bone scans as well as a physical examination, none of which yielded any medical evidence of an abnormality that could explain his pain. The ALJ was fully entitled to rely on the medical imaging procedures and corresponding doctors’ reports in making his credibility determination and denying benefits.

Section 404.1529(a) requires subjective symptom evidence to be considered only insofar as it is reasonably consistent with objective medical and other evidence.

Hamper v. Commissioner of Social Security · filed 2010-02-08(a)

To the extent that plaintiff points to other subjective limitations, such as the need for elevation of his legs or use of a recliner, such subjective evidence is only considered to "the extent [it] can reasonably be accepted as consistent with the objective medical evidence and other evidence." ... In this case, there is no such evidence and the ALJ’s RFC finding was entirely consistent with the restrictions imposed by his treating physicians.

Section 404.1529 requires an ALJ to determine whether a medically determinable impairment could reasonably cause the alleged symptoms, then evaluate their intensity, persistence, and effect on the claimant's ability to work using the listed factors.

Traylor v. Astrue · filed 2009-11-12(c)

A plaintiffs subjective complaints alone are insufficient to establish disability, and allegations of pain must be supported by objective medical evidence. 20 C.F.R. § 404.1529. In this regard, the A.L.J. must first determine whether the plaintiff suffers from a medical impairment that could reasonably be expected to cause the alleged symptoms. Once the A.L.J. makes this determination, he or she must evaluate the intensity and persistence of the pain or symptoms, and the extent to which they affect the individual’s ability to work. Specifically, the A.L.J. is required to consider such factors as (1) plaintiffs daily activities; (2) the duration, location, frequency, and intensity of the pain and other symptoms; (3) any precipitating and aggravating factors; (4) any medication taken to alleviate pain or other symptoms; (5) treatments other than medication; (6) any other measures used to relieve the symptoms; and (7) other factors concerning functional limitations or limitations due to pain or other symptoms.

Section 404.1529(c)(1) and (c)(3) require an ALJ to evaluate the intensity and persistence of medically supported symptoms by considering the record and specified factors such as daily activities, medication effects, and treatment.

Adamo v. Commissioner Social Security · filed 2010-02-12(c)(1), (c)(3)

If the record shows that the claimant has “a medically determinable impairment[] that could reasonably be expected to produce [his] symptoms, such as pain, [the ALJ] must then evaluate the intensity and persistence of [the] symptoms so that [he] can determine how [the] symptoms limit [the claimant’s] capacity for work.” 20 C.F.R. § 404.1529(c)(1). ... In making this evaluation, the ALJ considers all of the record evidence, including the objective medical evidence, the claimant’s history, and statements by the claimant and his doctors. See id. ... The ALJ also considers factors such as the claimant’s daily activities, the effectiveness and side effects of his medications, precipitating and aggravating factors, and other treatments and measures taken to relieve the symptoms. § 404.1529(c)(3). ... The ALJ’s decision indicates that he considered the relevant factors, see § 404.1529(c)(1), (3), and had explicit and adequate reasons for discrediting Adamo’s testimony about the intensity and limiting nature of his symptoms, see Foote, 67 F.3d at 1561-62.

Section 404.1529 requires an adjudicator to evaluate the intensity and persistence of symptoms when a medically determinable impairment could reasonably be expected to produce them, considering the full record and factors such as daily activities, medication effects, and other treatment.

Klawinski v. Commr. of Social Security · filed 2010-08-06(c)(1), (c)(3)

If the record shows that the claimant has a medically determinable impairment that could reasonably be expected to produce her symptoms, such as pain, the ALJ must then evaluate the intensity and persistence of the symptoms so that he can determine how the symptoms limit the claimant’s capacity for work. 20 C.F.R. § 404.1529(c)(1). In making this evaluation, the ALJ considers all of the record, including the objective medical evidence, the claimant’s history, and statements by the claimant and her doctors. Id. The ALJ also considers factors such as the claimant’s daily activities, the effectiveness and side effects of her medications, precipitating and aggravating factors, and other treatments and measures that she has taken to relieve the symptoms. Id. § 404.1529(c)(3).

Section 404.1529(a) requires an ALJ to evaluate evidence of debilitating pain for consistency with objective medical and other evidence and explain how subjective pain complaints are weighed.

Banks v. Astrue · filed 2010-11-30(a)

Further, the ALJ must evaluate any evidence of debilitating pain "and the extent to which [those] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence." 20 C.F.R. §§ 404.1529(a). Indeed, failing to consider subjective evidence of pain is grounds for remand. ... Again, the ALJ must explain how he weighs the evidence in the record against the plaintiffs subjective complaints of pain and how he determines that the pain is not credibly disabling.

Section 404.1529 requires an ALJ to evaluate evidence of pain and determine whether the claimant's symptoms are consistent with the objective medical evidence and other evidence.

Banks v. Astrue · filed 2010-12-01(a)

Further, the ALI must evaluate any evidence of debilitating pain "and the extent to which [those] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence." 20 C.F.R. §§ 404.1529(a). Indeed, failing to consider subjective evidence of pain is grounds for remand. Diabo v. Sec'y o/Health, Educ., & Welfare, 627 F .2d 278, 282 (D.C. Cir. 1980). Again, the ALI must explain how he weighs the evidence in the record against the plaintiffs subjective complaints of pain and how he determines that the pain is not credibly disabling. Wilks v. Apfel, 113 F. Supp. 2d 30,33 (D.D.C. 2000) (citing Diabo, 627 F.2d at 281-82).

Section 404.1529 requires an administrative law judge to evaluate all evidence bearing on pain severity and give specific reasons for discounting a claimant's testimony about pain.

Martinez v. Astrue · filed 2011-01-19

Ignored was the requirement that administrative law judges carefully evaluate all evidence bearing on the severity of pain and give specific reasons for discounting a claimant’s testimony about it.

Section 404.1529(c)(3) recognizes that a claimant's symptoms may be more severe than objective medical evidence alone shows.

Emanuele v. Astrue · filed 2011-03-17(c)(3)

“[Sjymptoms sometimes suggest a greater severity of impairment than can be shown by objective medical evidence alone.” 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(a) directs the ALJ to evaluate whether a claimant's symptoms are consistent with the objective medical evidence and other evidence when determining how those symptoms affect work capacity.

Werner v. Commissioner of Social Security · filed 2011-03-21(a)

In determining whether a claimant’s symptoms limit his capacity to work, the ALJ will consider “the extent to which [such] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence.” 20 C.F.R. §§ 404.1529(a), 416.929(a).

Section 404.1529 requires the ALJ to evaluate the intensity and persistence of pain by considering objective medical evidence and other factors such as precipitating activities, daily activities, symptom duration, medications, and treatment.

Dennis v. Commissioner of Social SEC. · filed 2011-03-29(c)

Once the existence of a pain-producing condition is found, the ALJ must determine the intensity and persistence of the pain. Under 20 C.F.R. § 404.1529, the ALJ must consider several factors, including the objective medical evidence, the activity which precipitates or aggravates the plaintiff's symptoms, the plaintiff's daily activities, the intensity and duration of his symptoms, and medications, treatment and other means to relieve the symptoms. See 20 C.F.R. § 404.1529(c).

Section 404.1529(a) requires an ALJ deciding disability to consider all symptoms, including pain, and assess whether they are consistent with the objective medical evidence and other evidence.

HEEMAN v. Astrue · filed 2010-08-16(a)

In making a disability determination, an ALJ must take into consideration all symptoms, “including pain, and the extent to which [the plaintiffs] symptoms can be ... reasonably accepted as consistent with the objective medical evidence and other evidence.” 20 C.F.R. §§ 404.1529(a).

Section 404.1529 requires an ALJ to evaluate whether objective medical and other evidence is consistent with a claimant's subjective complaints and to support a credibility finding with specific reasons after considering pain, medication, treatment, daily activities, and limitations.

Molnar v. Astrue · filed 2010-08-26(a), (c), (d)(3)-(4)

The ALJ was required to determine Ms. Molnar’s residual functional capacity by evaluating whether the “objective medical evidence and other evidence” was consistent with her subjective complaints of pain and alleged limitations. ... Nonetheless, an ALJ must justify her credibility finding with specific reasons supported by the record after considering the claimant’s level of pain, medication, treatment, daily activities and limitations.

Section 404.1529(c)(3) requires an ALJ evaluating symptoms to consider the claimant’s daily activities, symptom characteristics, precipitating and aggravating factors, medication, treatment, relief measures, and other functional limitations.

Calzada v. ASTURE · filed 2010-11-17(c)(3)

These include: 1) the claimant’s daily activities; 2) the location, duration, frequency and intensity of symptoms; 3) precipitating and aggravating factors; 4) type, dosage, effectiveness and side effects of any medications taken; 5) other treatment received; (6) other measures taken to relieve symptoms; and (7) any other factors concerning the individual’s functional limitations due to pain or other symptoms.

Section 404.1529(a) requires medical signs and laboratory findings showing an impairment that could reasonably be expected to produce the alleged symptoms before the claimant’s symptom statements are evaluated as evidence of disability.

Hill v. Astrue · filed 2011-02-07(a)

It is explained to claimants that “statements about your pain or other symptoms will not alone establish that you are disabled; there must be medical signs and laboratory findings which show that you have a medical impairment(s) which could reasonably be expected to produce the pain or other symptoms alleged and which, when considered with all of the other evidence (including statements about the intensity and persistence of your pain or other symptoms which may reasonably be accepted as consistent with the medical signs and laboratory findings), would lead to a conclusion that you are disabled.”

Section 404.1529(c)(3) requires adjudicators evaluating pain and other symptoms to consider the claimant’s daily activities, symptom characteristics, precipitating and aggravating factors, medication, treatment, relief measures, and other functional limitations.

Fleischer v. Astrue · filed 2011-03-01(c)(3)

In evaluating a claimant’s subjective complaints of pain, adjudicators are to look to the following factors: the claimant’s daily activities; the location, duration, frequency, and intensity of the pain or other symptoms; precipitating and aggravating factors; the type, dosage, effectiveness, and side effects of any medication taken for the purpose of alleviating the pain; treatment, other than medication, received for relief; any measures taken by the claimant to relieve the pain; and other factors concerning functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529.

Section 404.1529(c)(3) requires an adjudicator evaluating a claimant’s pain credibility to consider specified factors.

Reynolds v. Commissioner of Social Security · filed 2011-04-01(c)(3)

Here, the ALJ properly recognized the factors that the regulations require to be considered in evaluating a claimant’s credibility with regard to their pain. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); SSR 96-7p, at *3.

Section 404.1529(c)(3)(iv) requires medication side effects to be considered when evaluating a claimant's credibility about symptoms.

Bailey v. Astrue · filed 2010-09-13(c)(3)(iv)

They are also considered in evaluating an individual’s credibility about symptoms.

Section 404.1529(c)(3) requires an ALJ evaluating pain and other symptoms to consider the claimant’s daily activities, symptom characteristics, precipitating and aggravating factors, medications, treatment, relief measures, and other functional limitations.

Cornell v. Astrue · filed 2010-12-23(c)(3)(i)-(vii)

In making that assessment the ALJ must consider seven factors listed in the applicable regulations, including 1) the claimant’s daily activities, 2) the location, duration, frequency and intensity of any symptoms; 3) any precipitating and aggravating factors; 4) the type, dosage, effectiveness and side effects of any medications taken; 5) other treatment received; 6) other measures employed by the claimant to relieve pain; and 7) other factors concerning the claimant’s functional limitations and restrictions resulting from pain.

Section 404.1529 requires an ALJ to consider objective medical evidence and other evidence relevant to how the claimant’s impairments and related symptoms affect the claimant’s ability to work.

BITTLES v. Astrue · filed 2011-04-04

The Act requires the ALJ to consider both objective medical evidence and any other evidence relevant to how the claimant’s impairments and related symptoms affect his ability to work.

Section 404.1529(c) requires an adjudicator evaluating symptoms not fully substantiated by objective evidence to consider the entire record, including factors such as daily activities, pain characteristics, medication, and other relief measures.

Guerin v. SSA · filed 2011-06-24(c)

When the claimant has demonstrated that he suffers from an impairment that could reasonably be expected to produce the pain or side effects he alleges, the ALJ must then evaluate the intensity, persistence, and limiting effects of the claimant’s symptoms to determine the extent to which those symptoms limit his ability to do basic work activities. ... 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 adjudicator must consider in addition to the objective medical evidence when assessing the credibility of an individuals’ statements. ... Those factors include the claimant’s daily activities; the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; factors that precipitate and aggravate the symptoms; the type dosage, effectiveness, and side-effects of any medication the claimant takes (or has taken) to alleviate pain or other symptoms; and any measures other than medication that the claimant receives (or has received) for relief of pain or other symptoms. Id. See also Avery, 797 F.2d at 2 3 ; 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) requires consideration of a claimant's treatment measures and medication history when evaluating the intensity, persistence, and limiting effects of pain and other symptoms.

Jarrell v. Commissioner of Social Security · filed 2011-07-08(c)(3)

Indeed, as the record shows, there was ample medical evidence in support of the ALJ’s conclusions, including Jarrell’s conservative pain treatment in 1998, her lack of any medical treatment for her pain between February and June 1999, and her lack of prescription pain medication in the pertinent time frame, which weighs against her credibility that her pain was debilitating. See 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(a) directs the agency to consider all symptoms, including pain, for consistency with objective medical evidence and other evidence, with objective evidence meaning medical signs and laboratory findings defined in § 404.1528(b) and (c).

Wyvonnia Brooks v. Social Security Administration · filed 2011-07-15(a)

Finally, 20 C.F.R. § 404.1529 states in relevant part: ... (a) General. 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. By objective medical evidence, we mean medical signs and laboratory findings as defined in § 404.1528 (b) and (c). ... In more than one place, the regulations state that objective medical evidence is medical signs and laboratory findings as defined in § 404.1528(b) and (c). See 20 C.F.R. §§ 404.1512(b)(1), 404.1529(a); see also id. § 404.1508 . ... Thus, we conclude that the ALJ’s conclusion that Dr. Roy did not perform specific testing or show other objective medical evidence of a left-shoulder condition is supported by substantial evidence.

Section 404.1529(c)(3) requires an ALJ to carefully consider other information about a claimant's symptoms, including statements from other persons, when evaluating those symptoms.

Buckner v. Astrue · filed 2011-07-19(c)(3)

The regulations also provide that the ALJ will "carefully consider any other information you may submit about your symptoms," including statements "other persons provide about your pain or other symptoms." 20 C.F.R. § 404.1529(c)(3). The regulation, however, does not define what is meant by "careful consideration." ... In the present case, although the ALJ did not expressly address the girlfriend's statement in his decision, the ALJ's error does not require remand. ... Although the ALJ did not address all of these specific claims, the ALJ did find that Buckner's own statements and hearing testimony "show that he engages in a range of daily activities inconsistent with his allegation of disabling hypertension, headaches, back pain, hand cramps, shortness [of] breath, chest pains, depression and anxiety." ... Thus, we hold that the ALJ's "arguable deficiency in opinion-writing technique," Robinson, 956 F.2d at 841 (quotation and citation omitted), had no bearing on the outcome of Buckner's case and does not require remand.

Section 404.1529(c)(2) bars rejecting pain complaints solely for lack of medical evidence, while § 404.1529(c)(3) requires considering additional factors such as daily activities, medication, and treatment history.

Kadelak v. Astrue · filed 2011-07-26(c)(2) and (c)(3)

Even so, an ALJ may not reject an applicant’s complaints of pain solely based on the lack of medical evidence. 20 C.F.R. § 404.1529(c)(2). ... But, pursuant to 20 C.F.R. § 404.1529(c)(3), the ALJ specifically considered factors outside of medical evidence, such as Claimant’s daily activities, medication, and treatment history. R. 14-17.

Section 404.1529(c)(3) requires an ALJ evaluating pain testimony not fully supported by clinical evidence to consider additional factors, including daily activities, symptom characteristics, aggravating factors, medication effects, treatment, and other relief measures.

Newsome v. Astrue · filed 2011-09-30(c)(3)

“If plaintiffs testimony concerning the intensity, persistence or functional limitations associated with her pain is not fully supported by clinical evidence, the ALJ must consider additional factors in order to assess that testimony, including: 1) daily activities; 2) location, duration, frequency and intensity of any symptoms; 3) precipitating and aggravating factors; 4) type, dosage, effectiveness and side effects of any medications taken; 5) other treatment received; and 6) other measures taken to relieve symptoms.” ... Thus, the ALJ did not properly considered the evaluative factors set forth in the regulations, and his determination that plaintiffs subjective complaints of pain should be discounted is not supported by substantial evidence.

Section 404.1529(c)(3) requires an adjudicator evaluating symptoms to consider the claimant’s statements and the other evidence and factors bearing on their intensity, persistence, and limiting effects.

Juraska v. SSA · filed 2011-11-08(c)(3)

“Because symptoms, such as pain, sometimes suggest a greater severity of impairment than can be shown by objective medical evidence alone, any statements of the individual concerning his or her symptoms must be carefully considered[.]” ... see also 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). A two-step analysis governs an ALJ’s evaluation of symptoms such as pain. ... In addition to reviewing her activities of daily living, the ALJ discussed in substantial depth the other factors relevant to evaluating Juraska’s credibility. ... Because the ALJ discussed the relevant factors and made a determination that is supported by substantial evidence, I have no grounds to disturb the finding.

Section 404.1529(c)(3) requires consideration of the listed factors when evaluating a claimant’s pain-related credibility.

Singleton v. Astrue · filed 2011-12-06(c)(3)

The ALJ properly recognized the factors that the regulations require to be considered in evaluating a claimant’s credibility with regard to their pain. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); SSR 96-7p.

Section 404.1529(a) does not require an ALJ to credit a claimant's statements about symptoms.

Kacee Chandler v. Commissioner Social Security · filed 2011-12-07(a)

Although ―any statements of the individual concerning his or her symptoms must be carefully considered,‖ SSR 96-7p (July 2, 1996), the ALJ is not required to credit them, see 20 C.F.R. § 404.1529(a). Chandler had reported extreme pain to doctors and claimed that she had to lie down most of the day, but she also testified that she managed to shop several times per week, cook dinner, care for her two children, and visit with friends. The ALJ thus had substantial evidence to conclude Chandler was not ―credible regarding the intensity and extent of her limitations, especially her need to lie down most of the day due to pain,‖ and was entitled to rely instead on Dr. Popat’s opinion.

Section 404.1529(a) permits an ALJ to decline to credit a claimant's subjective statements about pain and limitations.

Kacee Chandler v. Commissioner Social Security · filed 2012-01-05(a)

Nor did Chandler’s own subjective complaints of pain and limitations cast doubt on Dr. Popat’s report. Although ―any statements of the individual concerning his or her symptoms must be carefully considered,‖ SSR 96-7p (July 2, 1996), the ALJ is not required to credit them, see 20 C.F.R. § 404.1529(a). Chandler had reported extreme pain to doctors and claimed that she had to lie down most of the day, but she also testified that she managed to shop several times per week, cook dinner, care for her two children, and visit with friends. The ALJ thus had substantial evidence to conclude Chandler was not ―credible regarding the intensity and extent of her limitations, especially her need to lie down most of the day due to pain,‖ and was entitled to rely instead on Dr. Popat’s opinion.

Section 404.1529(c) requires the adjudicator to consider specified evidence beyond objective medical evidence when assessing the credibility of a claimant's symptom statements.

Szczepanski v. SSA · filed 2012-02-09(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 adjudicator must consider in addition to the objective medical evidence when assessing the credibility of an individuals' statements.

Section 404.1529 requires an ALJ to identify medical signs and laboratory findings showing an impairment that could produce the alleged symptoms, then evaluate the symptoms’ nature and persistence while considering the claimant’s statements consistently with that evidence.

Griffies v. Astrue · filed 2012-04-11(a), (c)(1)

Social Security regulations establish a two-part process an ALJ must follow when assessing subjective symptoms. First, an ALJ must identify “medical signs and laboratory findings which show that [a plaintiff has] a medical impairment which could reasonably be expected to produce the pain ... alleged.” ... These statements must be given serious consideration, but must also be “consistent with medical signs and laboratory findings.” ... If the ALJ finds objective medical evidence, the ALJ must evaluate the nature and persistence of the subjective symptoms. 20 C.F.R. Sec. 404.1529(c)(1).

Section 404.1529 requires the adjudicator to consider all available evidence, including the claimant’s statements and medical opinions, and weigh those statements against objective evidence when evaluating symptoms.

Whipple v. Astrue · filed 2012-05-02(c)(1), (c)(4)

Under those regulations, the ALJ was required (1) to consider “all of the available evidence,” including Whipple’s own statements, the observations and opinions of Whipple’s treating physicians, and the observations and opinions of other medical professionals who examined Whipple or reviewed his records; and (2) to weigh Whipple’s statements against the objective evidence, including medical records, of his symptoms. See 20 C.F.R. § 404.1529(c)(1), (4). The ALJ applied that exact standard in concluding that Whipple was not disabled and, therefore, did not commit an error of law.

Section 404.1529(a) requires an ALJ to consider a claimant’s symptoms, including pain, and their consistency with objective medical evidence when making a disability determination.

Jones-Reid v. Astrue · filed 2012-05-14(a)

In making disability determinations, the ALJ is required to consider a claimant’s symptoms, including pain, and the extent to which the symptoms are consistent with objective medical evidence. 20 C.F.R. § 404.1529(a); SSR 96-7p, 1996 WL 374186.

Section 404.1529(c)(3) requires an adjudicator evaluating symptoms to consider evidence beyond objective medical evidence, including the claimant’s daily activities, symptom characteristics, medication, and other relief measures.

Rakip v. SSA · filed 2012-05-23(c)(3)

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 adjudicator must consider in addition to the objective medical evidence when assessing the credibility of an individuals’ statements. ... Those factors include the claimant’s daily activities; the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; factors that precipitate and aggravate the symptoms; the type dosage, effectiveness, and side effects of any medication the claimant takes (or has taken) to alleviate pain or other symptoms; and any measures other than medication that the claimant receives (or has received) for relief of pain or other symptoms. Id. See also Avery, 797 F.2d at 2 3 ; 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 requires an ALJ to determine whether a claimant has a medical impairment that could reasonably be expected to produce the alleged pain or other symptoms before evaluating those symptoms.

Perdue v. Astrue · filed 2011-09-13(a)

When evaluating a claimant’s symptoms, the ALJ must first determine whether there is “a medical impairment(s) which could reasonably be expected to produce the pain or other symptoms alleged.” 20 C.F.R. § 404.1529(a).

Section 404.1529(c) requires an adjudicator evaluating subjective pain complaints to consider other factors relating to those complaints when the reported symptoms exceed the expected level of pain or dysfunction.

Miller v. Commissioner of Social Security · filed 2011-10-21(c)

Where, as here, plaintiffs alleged or reported symptoms were found to exceed the expected level of pain and/or dysfunction, the ALJ properly considered other factors relating to the subjective complaints as set forth in 20 C.F.R. § 404.1529 and SSR 96-7p.

Section 404.1529 permits an ALJ to reject lay testimony that conflicts with or is inconsistent with the medical evidence at any point in the sequential disability analysis.

Glover v. Astrue · filed 2011-12-06(c)(3), (c)(4)

The governing regulations make clear that lay testimony that conflicts with or is inconsistent with the medical evidence may be rejected on that basis at any point in the sequential disability analysis.

Section 404.1529(c)(3) requires an ALJ evaluating subjective complaints to consider the claimant’s daily activities, pain’s duration, frequency, and intensity, precipitating and aggravating factors, medication dosage, effectiveness, and side effects, and functional restrictions.

Rahe v. Astrue · filed 2011-12-14(c)(3)

When evaluating a claimant’s subjective complaints, the ALJ must consider 1) the claimant’s daily activities; 2) the duration, frequency and intensity of the pain; 3) precipitating and aggravating factors; 4) dosage, effectiveness and side effects of medication; and 5) functional restrictions.

Section 404.1529(c) requires symptom evaluation to account for pain and other limiting effects even when objective medical evidence alone does not show their full severity.

Fogg v. SSA · filed 2012-07-06(c)

Symptoms such as pain can “sometimes suggest a greater severity of impairment than can be shown by objective medical evidence alone.” 20 C.F.R. §§ 404.1529(c), 416.929; Social Security Ruling 96-7p, 1996 WL 374186, at *1 (July 2 , 1996) [hereinafter SSR 96-7p]. ... In evaluating symptoms such as pain, the ALJ must engage in a two-step analysis. Id. First, he must consider whether the claimant is suffering from “an underlying medically determinable physical or mental impairment . . . that could reasonably be expected to produce the individual’s pain or other symptoms.” Id. If the claimant meets that threshold, the ALJ moves to the second step where he must 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. For this purposes, whenever the individual’s statements about the intensity, persistence, or functionally limiting effects of pain or other symptoms are not substantiated by medical evidence, the adjudicator must make a finding on the credibility of the individual’s statements based on a consideration of the entire case record. ... Under the second step, the ALJ found that Fogg’s “statements concerning the intensity, persistence and limiting effects of these symptoms are not credible to the extent they are inconsistent with the [ ] residual functional capacity assessment.” Id. I cannot credit this argument because the ALJ ignored relevant evidence and explanations in reaching his credibility determination. ... Because the ALJ ignored record evidence and failed to consider possible explanations for Fogg’s failure to pursue treatment for her back pain in 2010, his credibility findings are not based on substantial evidence.

When objective medical evidence does not support a claimant's allegations about the intensity, persistence, and limiting effects of pain, the ALJ must consider daily activities and other relevant factors when evaluating those symptoms.

Towne v. SSA · filed 2012-09-25(c)(4)

Once it is determined that a claimant has impairments that are capable of causing pain, the ALJ must "evaluate the intensity, persistence, and limiting effects of the [pain] to determine the extent to which the [pain] limit[s] the individual's ability to do basic work activities." Social Security Ruling (SSR) 96-7p (July 2, 1996). If claimant's allegations regarding the intensity, persistence, and limiting effect of the pain are not supported by the objective medical evidence, the ALJ must look beyond the objective medical evidence and consider the following factors: ... (7) any other factors concerning the claimant's functional limitations and restrictions due to pain. 20 C.F.R. §§ 404.1529(c)(4), 416.929(c)(4); SSR 96-7p; Avery v. Secretary of Health and Human Services, 797 F.2d 19, 28-29 (1st Cir. 1986) .

Section 404.1529(c)(3) requires an ALJ evaluating the intensity, persistence, and limiting effects of symptoms to consider factors including daily activities, symptom characteristics, precipitating and aggravating factors, medication, treatment, and other relief measures.

Norman v. Astrue · filed 2012-09-25(c)(3)(i)-(vi)

This Court concludes that the ALJ committed legal error in evaluating the claimant’s credibility. First, the ALJ did not consider the additional factors required by 20 C.F.R. §§ 404.1529(c)(3)(i)-(vi) before rejecting plaintiffs subjective testimony, nor did he explain his “decision explicitly and with sufficient specificity that a reviewing ... court may be able to decide whether there are legitimate reasons for the AJL’s disbelief and whether his decision is- supported by substantial evidence.”

Section 404.1529 requires an ALJ to consider objective medical evidence and other available evidence, including medications and daily activities, when evaluating whether a claimant's reported symptoms are consistent with the record.

Grady v. Astrue · filed 2012-09-28(a), (c)

A plaintiffs description of symptoms and limitations cannot by itself establish disability; the ALJ must also consider objective medical evidence and any other available evidence, such as medications and daily activities, to determine whether the plaintiffs testimony is consistent with the remainder of the record. 20 C.F.R. § 404.1529(a), (c).

Section 404.1529 requires an ALJ to determine whether an underlying condition could reasonably be expected to produce the alleged symptoms and, when objective medical evidence does not support the claimant’s pain allegations, to consider specified factors in evaluating credibility.

Goodale v. Astrue · filed 2012-12-13(b), (c)(3)(i)-(vii)

However, subjective symptomatol-ogy by itself cannot be the basis for a finding of disability. A claimant must present medical evidence or findings that the existence of an underlying condition could reasonably be expected to produce the symptomatology alleged. ... According to 20 C.F.R. §§ 404.1529(c)(3)(i)-(vii) ■ and 416.929(c)(3)(i)-(vii), if the plaintiffs pain contentions are not supported by objective medical evidence, the ALJ must consider the following factors in order to make a determination regarding the plaintiffs credibility: ... 1. [Plaintiffs] daily activities; ... 7. Other factors concerning [Plaintiffs] functional limitations and restrictions due to pain or other symptoms.

Section 404.1529 requires the agency to consider a claimant's symptoms, including pain, in light of objective and other evidence and bars rejecting symptom statements solely because objective evidence does not substantiate them.

Cheryl Minor v. Commissioner of Social Security · filed 2013-01-24(a), (c)(2)

By regulation, the ALJ is required to consider all objective medical evidence in the record, including medical signs and laboratory findings, where such evidence is produced by acceptable medical sources, as was done here. See 20 C.F.R. § 404.1512(b); 20 C.F.R. § 404.1513. The agency promises to “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.” 20 C.F.R. § 404.1529(a). Further, the agency promises that “we will not reject your statements about the intensity and persistence of your pain or other symptoms or about the effect your symptoms have on your ability to work solely because the available objective medical evidence does not substantiate your statements.” 20 C.F.R. § 404.1529(c)(2). The agency must follow and apply its own procedural regulations, and failure to do so warrants remand. See Wilson v. Comm’r of Soc. Sec., 378 F.3d 541, 544 (6th Cir. 2004).

Section 404.1529 requires an ALJ first to determine whether an impairment could reasonably produce the alleged symptoms and then to assess symptom severity and work limitations using all available evidence.

Lehman v. Astrue · filed 2013-02-22(b)-(c)

First, the ALJ must determine whether objective evidence shows the existence of a medical impairment that could reasonably be expected to produce the actual alleged symptoms. 20 C.F.R. § 404.1529(b). Once the claimant makes that threshold showing, the ALJ must evaluate the extent to which the symptoms limit the claimant’s capacity to work. 20 C.F.R. § 404.1529(c)(1). At this second stage, the ALJ must consider all the available evidence, including medical history, objective medical evidence, and statements by the claimant. 20 C.F.R. § 404.1529(c).

Section 404.1529 requires an ALJ to consider all reported symptoms, including pain, in light of the objective and other evidence, including inconsistencies in the record.

Cruz v. Astrue · filed 2013-04-24(a), (c)(3), (c)(4)

In determining whether a claimant is disabled, Social Security regulations require an ALJ to “consider all [of a claimant’s] symptoms, including pain, and the extent to which [the] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence.” 20 C.F.R. § 404.1529(a). The claimant’s reported symptoms are not to be accepted as conclusive of the existence of a disability, however, but rather must be analyzed in the context of all the relevant evidence.

Section 404.1529(c)(3)(i)-(vii) requires an ALJ to consider seven specified factors when evaluating a claimant's pain or other symptoms if the allegations are not supported by objective medical evidence.

McGregor v. Astrue · filed 2012-07-12(c)(3)(i)-(vii)

According to 20 C.F.R. §§ 404.1529(c)(3)(i)-(vii) and 416.929(c)(3)(i)-(vii), if the plaintiffs pain contentions are not supported by objective medical evidence, the ALJ must consider the following factors in order to make a determination regarding the plaintiffs credibility: ... If the ALJ finds that the plaintiffs pain contentions are not credible, he or she must state his reasons “explicitly and with sufficient specificity to enable the Court to decide whether there are legitimate reasons for the ALJ’s disbelief.”

Section 404.1529(c) identifies the factors relevant to evaluating a claimant’s credibility about pain and other symptoms, and an ALJ may rely on those factors together in assessing credibility.

Herrera v. Astrue · filed 2012-09-19(c)

Relevant factors in a credibility assessment include: objective medical evidence; a claimant’s own statements about symptoms; statements and other information provided by treating or examining physicians; activities of daily living; location, duration, frequency, and intensity of pain and other symptoms; precipitating and aggravating factors; medications; treatment and other measures taken to relieve pain; observations by agency employees; and conflicts between a claimant’s statements and other evidence. ... The ALJ relied on all of these factors together to find Claimant’s testimony not entirely credible and the Court finds that this conclusion is not patently wrong.

Section 404.1529(b) requires medical evidence or findings of an underlying condition that could reasonably be expected to produce the claimant's alleged symptoms; subjective symptoms alone cannot establish disability.

Knight v. Astrue · filed 2012-09-11(b)

A claimant must present medical evidence or findings that the existence of an underlying condition could reasonably be expected to produce the symptomatology alleged.

Section 404.1529(c) requires an ALJ evaluating a claimant’s symptoms to consider specified factors, in addition to objective medical evidence, when assessing credibility.

Jones v. Astrue · filed 2013-04-26(c)

In accordance with the pertinent regulations, SSR 96-7p provides that, in addition to the objective medical evidence, the ALJ must consider the following factors in evaluating a claimant’s credibility: 1. The individual’s daily activities; 2. The location, duration, frequency, and intensity of the individual’s pain or other symptoms; 3. Factors that precipitate and aggravate the symptoms; ... 7. Any other factors concerning the individual’s functional limitations and restrictions due to pain or other symptoms. SSR 96-7p, 1996 WL 374186, at *3; see also 20 C.F.R. §§ 404.1529(c), 416.929(c); Hamlin v. Barnhart, 365 F.3d 1208, 1220 (10th Cir. 2004). ... Accordingly, we must reverse and remand for the ALJ to make a new credibility determination that follows the correct legal standards and takes into account the entire record.

Section 404.1529(c)(2) bars an ALJ from rejecting a claimant’s statements about pain intensity and persistence solely because objective medical evidence does not substantiate them.

Kirkland v. Commissioner of Social Security · filed 2013-05-22(c)(2)

It is true that an ALJ may not “reject [an individual’s] statements about the intensity and persistence of [her] pain . . . solely because the available objective medical evidence does not substantiate [those] statements.” 20 C.F.R. § 404.1529(c)(2). But the ALJ did not base the credibility finding solely on a lack of objective medical evidence; rather, the ALJ considered medical opinions as well.

Section 404.1529(c)(3) identifies other factors an ALJ may consider, together with objective medical evidence, when assessing the extent of a claimant’s subjective symptoms.

Hartman v. Colvin · filed 2013-06-19(c)(3)

ALJ Jacobs accordingly properly considered these same test results in assessing the extent of Hartman’s subjective complaints along with the other factors identified in 20 C.F.R. § 404.1529(c)(3) and SSR 96-7p.

Section 404.1529 requires an ALJ to consider objective medical evidence and specified factors, including activities, pain characteristics, medication, treatment, relief measures, and functional limitations, when evaluating subjective symptoms.

Wojciechowski v. Colvin · filed 2013-08-26(c)(3)

According to 20 C.F.R. §§ 404.1529(c)(3)(i-vii) and 416.929(e)(3)(i-vii), if the plaintiffs pain contentions are not supported by objective medical evidence, the ALJ must consider the following factors in order to make a determination regarding the plaintiffs credibility: ... 1. [Plaintiffs] daily activities; ... 2. The location, duration, frequency and intensity of [Plaintiffs] pain or other symptoms; ... 3. Precipitating and aggravating factors; ... 4. The type, dosage, effectiveness, and side effects of any medication [Plaintiff] take[s] or ha[s] taken to alleviate ... pain or other symptoms; ... 5. Treatment, other than medication [Plaintiff] receive[s] or ha[s] received for relief of ... pain or other symptoms; ... 6. Any measure [Plaintiff] use[s] or ha[s] used to relieve ... pain or other symptoms; ... 7. Other factors concerning [Plaintiff’s] functional limitations and restrictions due to pain or other symptoms.

Section 404.1529 requires an ALJ to use a two-step symptom-credibility analysis and consider the claimant’s symptoms in light of the entire case record and specified factors.

Diakogiannis v. Astrue · filed 2013-09-30(c)

An ALJ’s credibility assessment should contain a two-step analysis. ... First, the ALJ must determine whether the evidence reflects that the claimant has a medically determinable impairment or impairments that could produce the relevant symptom. ... Next, the ALJ must evaluate “the intensity, persistence and limiting effects of the symptom, which requires a credibility assessment based on the entire case record.” ... The ALJ assessed Diakogiannis’s subjective complaints in the context of a comprehensive review of the entire medical record. In doing so, the ALJ accounted for the relevant factors identified above and concluded that Diakogiannis did not have strong work history, did not seek ongoing treatment, did not take any medications to address his shoulder injury, other than an anti-inflammatory drug, and continued to perform many of his activities of daily living. Accordingly, I conclude that the ALJ applied the proper legal standards in analyzing Diakogiannis’s subjective complaints and that substantial evidence supports the ALJ’s determination that Diakogiannis’s complaints “are not credible” to the extent they were inconsistent with the ALJ’s RFC assessment.

Section 404.1529(c)(1)–(3) requires an adjudicator evaluating symptom intensity, persistence, and functional limitations to consider objective medical evidence and specified factors, including daily activities, pain characteristics, medication, treatment, relief measures, and other restrictions.

Johnson v. Commissioner of Social Security · filed 2013-10-15(c)(1)–(3)

Next, the ALJ must evaluate the intensity, persistence, and functional limitations of the symptoms by considering objective medical evidence, as well as: (1) daily activities; (2) the location, duration, frequency, and intensity of pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication taken to alleviate pain or other symptoms; (5) treatment, other than medication, received for relief of pain or other symptoms; (6) any measures used to relieve pain or other symptoms; and (7) other factors concerning functional limitations and restrictions. 20 C.F.R. § 404.1529(c)(1)–(3).

Section 404.1529 requires a two-step evaluation of subjective pain reports: determine whether a medically determinable impairment could reasonably be expected to produce the alleged symptoms, then assess whether the symptoms are consistent with objective and other evidence.

Wood v. Colvin · filed 2013-12-17(a), (b)

The regulations provide a two-step procedure for assessing subjective claims of pain. 20 C.F.R. § 404.1529. First, the hearing officer must “decide whether the claimant suffers from a medically determinable impairment that could reasonably be expected to produce the symptoms alleged.” ... If the claimant suffers from such an impairment, the hearing officer is then required to determine “the extent to which [the claimant’s] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence of record.”

Section 404.1529(d)(3) bars using a claimant’s symptom allegations in place of a missing or deficient sign or laboratory finding to establish the severity required for a listed impairment.

Lately v. Colvin · filed 2014-03-26(d)(3)

Finally, Ms. Lately cites the 2008 ENG report as evidence of “hearing loss, tinnitus, and a pressure feeling in her right ear,” Aplt. App. at 236, but this was simply her own description of her symptoms, which is insufficient to show that she satisfied the listing, see 20 C.F.R. §§ 404.1529(d)(3); 416.929(d)(3) (stating that claimant’s allegations of symptoms will not be substituted “for a missing or deficient sign or laboratory finding to raise the severity of impairment(s) to that of a listed impairment”).

Section 404.1529(c) requires an ALJ to evaluate symptom intensity and persistence and their work-related effects, considering objective evidence, claimant history, statements, other listed factors, and inconsistencies.

Caces v. Commissioner, Social Security Administration · filed 2014-03-27(c)(1)-(4)

If the record shows that the claimant has a medically determinable impairment that could reasonably be expected to produce his symptoms, the ALJ must evaluate the intensity and persistence of the symptoms in determining how they limit the claimant’s capacity for work. 20 C.F.R. § 404.1529(c)(1). In doing so, the ALJ considers all of the record, including the objective medical evidence, the claimant’s history, and statements of the claimant and his doctors. Id. § 404.1529(c)(1)— (2). The ALJ may consider other factors, such as: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; (3) any precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of the claimant’s medication; (5) any treatment other than medication; (6) any measures the claimant used to relieve pain or symptoms; and (7) other factors concerning the claimant’s functional limitations and restrictions due to pain or symptoms. Id. § 404.1529(c)(3). The ALJ then will examine the claimant’s statements regarding his symptoms in relation to all other evidence, and consider whether there are any inconsistencies or conflicts between those statements and the record. Id. § 404.1529(c)(4).

Section 404.1529(c)(3) requires an ALJ evaluating a claimant's symptoms, including pain, to consider seven specified factors.

Kane v. Astrue · filed 2013-04-26(c)(3)(i)-(vii)

In making a credibility determination regarding a claimant’s testimony about his or her symptoms, including pain, an ALJ must consider seven factors: 1) the claimant’s daily activities; 2) the location, duration, frequency, and intensity of claimant’s pain and other symptoms; 3) precipitating and aggravating factors; 4) the type, dosage, effectiveness, and side effects of any medication the claimant takes or has taken to alleviate the pain or other symptoms; 5) any treatment, other than medication, the claimant has received; 6) any other measures the claimant employs to relieve the pain or other symptoms; and 7) other factors concerning the claimant’s functional limitations and restrictions as a result of the pain or other symptoms. 20 C.F.R. § 404.1529(c)(3)(i)-(vii).

Section 404.1529(c)(1)-(3) requires an ALJ to evaluate symptom intensity, persistence, and functional limitations using objective medical evidence and the listed factors.

Curler v. Comm'r of Social Security · filed 2014-04-01(c)(1)-(3)

Next, the ALJ must evaluate the intensity, persistence, and functional limitations of the symptoms by considering objective medical evidence, as well as: (1) daily activities; (2) the location, duration, frequency, and intensity of pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication taken to alleviate pain or other symptoms; (5) treatment, other than medication, received for relief of pain or other symptoms; (6) any measures used to relieve pain or other symptoms; and (7) other factors concerning functional limitations and restrictions. 20 C.F.R. § 404.1529(c)(1)-(3).

Section 404.1529(c)(3) recognizes that pain is subjective and difficult to quantify, so an ALJ may not require objective evidence to establish the severity of pain.

Potter v. Commissioner of Social Security · filed 2014-04-25(c)(3)

To the extent that the ALJ discredited the opinions of Drs. Kahn, Grunwald, and Pritchard based on a lack of objective evidence of the severity of Potter’s pain, this was error None of the physicians’ RFC assessments was supported by objective evidence because, as the Commissioner’s own regulations recognize, pain is “subjective and difficult to quantify.” 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 requires consideration of a claimant’s symptoms to the extent they can reasonably be accepted as consistent with objective medical evidence and other evidence in the record.

Debartolo v. Colvin · filed 2014-05-15

The court considers symptoms, the extent to which those symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence of the record. 20 C.F.R. § 404.1529.

Section 404.1529(b) and (c) require an ALJ evaluating a claimant’s symptoms to consider the objective medical evidence and other evidence, including testimony about symptom severity and medication use.

Koch v. Colvin · filed 2014-06-25(b), (c)

Finally, Koch argues that the ALJ did not properly evaluate her subjective complaints. Although the ALJ found that Koch’s “medically determinable impairments could reasonably be expected to cause the alleged symptoms,” J.A. 14, the ALJ concluded that Koch’s complaints “suggest[ed] a greater severity of symptoms than can be shown by the objective medical evidence alone,” id. Substantial evidence, including Koch’s own testimony supports that finding, which, in any event, was within the purview of the ALJ to make. See 20 C.F.R. § 404.1529(b), (c). For example, Koch testified before the ALJ that she gets a “really bad headache,” meaning a headache that she would rate a six or seven on the pain scale every two months, and less severe headaches rated two or three on the pain scale, two or three times per month. She further acknowledged, however, that medications help resolve the headaches as they come. When coupled with the testimony regarding the frequency with which Koch used and refilled her other medications, including muscle relaxers for back pain, that evidence supports the ALJ’s conclusion that Koch’s account of the intensity and effects of her pain on her functional capacity was not credible.

Section 404.1529 requires an ALJ to use a two-step process to evaluate a claimant’s symptoms, including whether an impairment could produce them and their intensity, persistence, and functional effects, while considering the case record and specified credibility factors.

Hall v. Colvin · filed 2014-08-11(a), (b), (c)(3)

The Social Security regulations require a two-step process for the ALJ to consider the extent to which subjective evidence of symptoms can reasonably be accepted as consistent with the medical and other objective evidence. ... When the objective medical evidence alone does not substantiate the claimant’s alleged symptoms, the ALJ must assess the credibility of the claimant’s statements considering the details of the case record as a whole. 20 C.F.R. § 404.1529(c)(3)(i)-(vii). ... In the instant case, the ALJ properly applied .the two step analysis. ... Here, the ALJ addressed adverse side effects to medication, treatments, special measures taken, and activities of daily living. ... As a result, the ALJ did not commit a legal error in evaluating Plaintiffs credibility. However, the ALJ did not accurately construe Plaintiffs testimony or the medical evidence of record in evaluating Plaintiffs credibility, which means that the ALJ’s decision is not supported by substantial evidence.

Section 404.1529(b) requires subjective symptoms to be considered only when an underlying impairment is demonstrated by medical signs or laboratory findings, after which the Commissioner must evaluate the symptoms’ intensity and persistence and their effect on the claimant’s ability to work.

Herring v. Colvin · filed 2014-09-29(b)

Pursuant to the social security regulations, subjective symptoms, such as pain, shortness of breath, and fatigue, will only be considered to affect a claimant’s ability to perform work activities if such symptoms result from an underlying physical or mental impairment that has been demonstrated to exist by medical signs or laboratory findings. 20 C.F.R. § 404.1529(b). Once a medically determinable impairment which results in such symptoms is found to exist, the Commissioner must evaluate the intensity and persistence of such symptoms to determine their impact on the claimant’s ability to work. 20 C.F.R. § 404.1529(b).

Section 404.1529(a) requires an adjudicator to accept a claimant’s subjective symptom testimony only to the extent it is consistent with the objective medical evidence.

Doyle v. Colvin · filed 2015-01-22(a)

The hearing officer must accept a claimant’s subjective testimony, but only to the extent that it is consistent with the objective medical evidence. 20 C.F.R. § 404.1529(a).

Section 404.1529 requires an ALJ to evaluate subjective symptoms in two steps: determine whether an impairment could produce the alleged symptoms, then assess their intensity, persistence, and functional limitations using the record.

Acevedo v. Colvin · filed 2014-05-19(a), (b), (c)(3)

First, the ALJ considers whether the medical evidence shows any impairment “which could reasonably be expected to produce the pain or other symptoms alleged....” 20 C.F.R. § 404.1529(a). Second, if an impairment is shown, the ALJ must evaluate the “intensity, persistence, or functionally limiting effects” of a claimant’s symptoms to determine the extent to which they limit the claimant’s capacity to work. 20 C.F.R. § 404.1529(b). When the objective medical evidence alone does not substantiate the claimant’s alleged symptoms, the ALJ must assess the credibility of the claimant’s statements considering the details of the case record as a whole. 20 C.F.R. §§ 404.1529(c)(3)(i)-(vii).

Section 404.1529(a) and (c)(1)-(3) require an ALJ to determine whether a medically determinable impairment could reasonably produce the alleged symptoms and then evaluate the symptoms’ intensity, persistence, and functional limitations using objective medical evidence and other specified factors.

Moore v. Commissioner of Social Security · filed 2014-08-05(a), (c)(1)-(3)

In assessing an individual’s credibility, the ALJ must first determine whether a claimant has a medically determinable physical or mental impairment that can reasonably be expected to produce the symptoms alleged. ... Next, the ALJ must evaluate the intensity, persistence, and functional limitations of the symptoms by considering objective medical evidence, as well as other factors found in 20 C.F.R. §§ 404.1529(c)(1)-(3) and 416.929(c)(1)-(3).

Section 404.1529 requires an ALJ to use a two-step process to evaluate a claimant’s symptoms: determine whether a medically determinable impairment could reasonably be expected to produce them, then assess their intensity, persistence, and limiting effects using the record as a whole and specified factors.

Scitney v. Colvin · filed 2014-08-15(a), (b), (c)(3)(i)-(vii)

The Social Security regulations require a two-step process for the ALJ to consider the extent to which subjective evidence of symptoms can reasonably be accepted as consistent with the medical and other objective evidence. ... First, the ALJ considers whether the medical evidence shows any impairment “which could reasonably be expected to produce the pain or ... other symptoms alleged....” 20 C.F.R. § 404.1529(a). Second, if an impairment is shown, the ALJ must evaluate the “intensity, persistence, or functionally limiting effects” of a claimant’s symptoms to determine the extent to which they limit the claimant’s capacity to work. 20 C.F.R. § 404.1529(b). When the objective medical evidence alone does not substantiate the claimant’s alleged symptoms, the ALJ must assess the credibility of the claimant’s statements considering the details of the case record as a whole. 20 C.F.R. § 404.1529(c)(3)(i)-(vii).

Section 404.1529 requires an ALJ evaluating subjective symptom testimony to use a two-stage analysis: objective medical evidence of an underlying impairment, followed absent malingering by specific, clear, and convincing reasons for rejecting testimony about symptom severity.

Abrego v. Commissioner Social Security Administration · filed 2014-08-27

In deciding whether to accept subjective symptom testimony, an ALJ must perform two stages of analysis. 20 C.F.R. § 404.1529. First, the claimant must produce objective medical evidence of an underlying impairment that could reasonably be expected to produce the symptoms alleged. ... Second, absent a finding of malingering, the ALJ can reject the claimant’s testimony about the severity of her symptoms only by offering specific, clear, and convincing reasons for doing so.

Section 404.1529 distills the tripartite Luna test for evaluating subjective complaints of pain into a two-part analysis.

Parent v. Colvin · filed 2014-09-10

The Commissioner's regulations have distilled this test into two parts, but the required analysis is the same. See 20 C.F.R. §§ 404.1529 & 416.929; see also Social Security Ruling 96-7p, 1996 WL 374186 (SSA July 2, 1996).

Section 404.1529(c)(3) requires an ALJ evaluating a claimant’s symptoms to consider factors including objective medical evidence, daily activities, pain, aggravating factors, treatment, medication, and functional limitations.

Barnes v. Colvin · filed 2015-02-23(c)(3)

Factors that should be considered include the objective medical evidence, the claimant’s daily activities, allegations of pain, any aggravating factors, the types of treatment received, any medications taken, and functional limitations.

Section 404.1529(a) requires the ALJ to determine whether medical evidence shows an impairment that could reasonably be expected to produce the alleged pain or other symptoms.

Wells v. Colvin · filed 2015-02-24(a)

First, the ALJ considers whether the medical evidence shows any impairment “which could reasonably be expected to produce the pain or other symptoms alleged....” 20 C.F.R. § 404.1529(a).

Section 404.1529(c)(3) requires an ALJ evaluating a claimant’s symptoms to consider seven specified factors, including daily activities, symptom characteristics, medication and treatment, relief measures, and functional limitations.

Nascimento v. Colvin · filed 2015-03-12(c)(3)(i)-(vii)

In making a credibility determination, the ALJ must consider seven factors: 1) the claimant’s daily activities; 2) the location, duration, frequency, and intensity of claimant’s pain and other symptoms; 3) precipitating and aggravating factors; 4) the type, dosage, effectiveness, and side effects of any medication the claimant takes or has taken to alleviate the pain or other symptoms; 5) any treatment, other than medication, that the claimant has received; 6) any other measures that the claimant employs to relieve the pain or other symptoms; and 7) other factors concerning the claimant’s functional limitations and restrictions as a result of the pain or other symptoms.

Section 404.1529(c)(1) requires an ALJ, after a claimant satisfies the threshold showing of an impairment reasonably likely to cause the alleged symptoms, to evaluate their intensity and persistence and the extent to which they affect the claimant’s ability to work.

Nichols v. Colvin · filed 2015-03-13(c)(1)

After the plaintiff has satisfied the first step, the ALJ must evaluate the intensity and persistence of the plaintiffs symptoms and the extent to which they affect his ability to work. 20 C.F.R. § 404.1529(c)(1).

Section 404.1529(c)(3) directs a hearing officer evaluating subjective complaints to consider seven factors, including daily activities, pain characteristics, treatment and relief measures, medication effects, and other functional limitations.

Doshi v. Colvin · filed 2015-03-30(c)(3)

The Social Security regulations acknowledge that a claimant’s reported symptoms of pain can be more severe or impose greater functional restrictions than can be demonstrated by objective medical evidence alone. ... Thus, there are seven factors under the regulations for a hearing officer to evaluate a claimant’s subjective complaints. ... (1) the claimant’s daily activities; ... (7) any other factors relating to the claimant’s functional limitations and restrictions due to pain. ... According to Doshi, the hearing officer failed to follow these standards properly because her subjective complaints are consistent with her doctor’s diagnosis.

Section 404.1529 requires a two-step symptom evaluation: first determining whether a medically determinable impairment could reasonably produce the symptoms, then assessing whether the alleged limitations are consistent with objective and other evidence.

Barry v. Colvin · filed 2015-04-21(a), (c)(1), (c)(3), and (c)(4)

In this regard, the regulations provide a two-step process for evaluating a claimant’s symptoms. “At the first step, the ALJ must decide whether the claimant suffers from a medically determinable impairment that could reasonably be expected to produce the symptoms alleged.” Id. If so, at the second step, the ALJ must consider “the extent to which [the claimant’s] alleged functional limitations and restrictions due to pain or other symptoms can reasonably be accepted as consistent with the [objective medical evidence] and other evidence to decide how [the claimant’s] symptoms affect [her] ability to work.” ... First, notwithstanding Barry’s contrary suggestion, the ALJ considered the entire case record in reaching his decision, including Dr. Hill’s opinion. See 20 C.F.R. § 404.1529(c)(1), (3); SSR 96–7p, 1996 WL 374186.

Section 404.1529 requires an ALJ to use a two-step process: first determine whether a medically determinable impairment could reasonably be expected to produce the alleged symptoms, then evaluate the symptoms’ intensity, persistence, and functional limitations using the case record and specified factors.

Camille v. Colvin · filed 2015-05-19(a), (b), (c)(3)(i)-(vii)

First, the ALJ considers whether the medical evidence shows any impairment “which could reasonably be expected to produce the pain or other symptoms alleged....” 20 C.F.R. § 404.1529(a). Second, if an impairment is shown, the ALJ must evaluate the “intensity, persistence, or functionally limiting effects” of a claimant’s symptoms to determine the extent to which they limit the claimant’s capacity to work. 20 C.F.R. § 404.1529(b). When the objective medical evidence alone does not substantiate the claimant’s alleged symptoms, the ALJ must assess the credibility of the claimant’s statements considering the details of the case record as a whole. 20 C.F.R. § 404.1529(c)(3)(i)-(vii).

Section 404.1529(c)(4) requires an ALJ evaluating subjective symptoms to consider inconsistencies between a claimant’s statements and the medical record.

Haynes v. Colvin · filed 2015-06-11(c)(4)

The ALJ further noted that Haynes’s testimony about his cognitive impairments and weakness is not consistent with parts of the medical record. See 20 C.F.R. §§ 404.1529(c)(4), 416.929(c)(3); see also Carmickle v. Comm’r, Soc. Sec. Admin., 533 F.3d 1155, 1161 (9th Cir. 2008) (“Contradiction with the medical record is a sufficient basis for rejecting the claimant’s subjective testimony.”).

Section 404.1529(c)(3) permits an ALJ to consider a claimant’s work history when evaluating the credibility of statements about symptom severity and physical limitations.

Marsh v. Colvin · filed 2015-07-10(c)(3)

None of these reasons was impermissible. We reject Marsh’s contention that the ALJ’s reference to her work history was improper. See 20 C.F.R. § 404.1529(c)(3); Thomas v. Barnhart, 278 F.3d 947, 959 (9th Cir. 2002).

Section 404.1529 requires an adjudicator to consider all of a claimant's symptoms, including pain, and assess whether they are consistent with objective medical and other evidence.

Wilson v. Commissioner of Social Security · filed 2015-07-16

In determining whether a claimant is disabled, the ALJ must consider all of the claimant’s symptoms, including pain, and evaluate whether those “symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence.” 20 C.F.R. § 404.1529.

Section 404.1529 requires an ALJ to evaluate the intensity and persistence of a claimant’s symptoms, including the claimant’s statements, and to consider other available evidence because a subjective description of symptoms alone cannot establish disability.

Bourinot v. Colvin · filed 2015-03-30(a), (c), (c)(1)

Once it is found that a claimant has a medically determinable impairment that could reasonably be expected to produce the claimant’s symptoms, the ALJ must evaluate evidence of the intensity and persistence of the symptoms, including statements from the claimant. 20 C.F.R. § 404.1529(c)(1); 416.929(c)(1). However, a claimant’s subjective description of symptoms alone cannot establish disability; the ALJ must also consider any other available evidence, including the objective medical evidence, to determine whether the claimant’s testimony is consistent with the remainder of the record. 20 C.F.R. § 404.1529(a), (c); 416.929(a), (c).

Section 404.1529(c)(2) requires an ALJ to consider evidence beyond objective medical evidence when evaluating subjective complaints and prohibits relying on objective medical evidence alone.

Brown v. Colvin · filed 2015-06-30(c)(2)

It is inappropriate for the ALJ to rely solely on objective medical evidence to determine the credibility of the subjective complaints.

Section 404.1529(c)(2) permits an ALJ to consider a lack of objective medical evidence when evaluating symptom testimony, but not as the sole basis for discrediting it.

Moon v. Colvin · filed 2015-09-30(c)(2)

An ALJ may not discredit a plaintiffs testimony solely “because no objective medical evidence supports] [their] testimony,” ... but may consider a lack of objective evidence as one element in his analysis. ... 20 C.F.R. § 404.1529.

Section 404.1529(a) requires an ALJ to determine a claimant’s RFC using medical records, medical opinions, and the claimant’s symptom descriptions, and to consider whether the symptoms are consistent with objective medical evidence and other evidence.

Stephenson v. Comm'r of Social Security · filed 2015-12-23(a)

The ALJ determines a claimant’s RFC based on evidence such as medical records, doctor’s opinions, and the claimant’s descriptions of her symptoms. 20 C.F.R. § 404.1529(a). The ALJ considers the “extent to which [the claimant’s] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence.” Id.

Section 404.1529(c)(4) requires the agency to consider inconsistencies in the evidence and conflicts between a claimant’s statements and the rest of the evidence when evaluating symptoms.

Evans v. Commissioner of Social Security · filed 2015-06-24(c)(4)

The regulation also provides that the SSA “will consider whether there are any inconsistencies in the evidence and the extent to which there are any conflicts between [her] statements and the rest of the evidence.”

Section 404.1529 requires an ALJ, once a medically determinable impairment could reasonably be expected to produce a claimant’s symptoms, to evaluate their intensity and persistence and consider specified factors beyond objective medical evidence.

Horowitz v. Commissioner of Social Security · filed 2017-06-05(c)(1), (c)(3)

If the record shows that the claimant has a medically determinable impairment that could reasonably be expected to produce her symptoms, the ALJ must evaluate the intensity and persistence of the symptoms to determine how they limit the claimant’s capacity for work. 20 C.F.R. § 404.1529(c)(1). In assessing the claimant’s credibility about her symptoms and their effects, the ALJ will consider in addition to the objective medical evidence: the individual’s daily activities; the location, duration, frequency, and intensity of the individual’s symptoms; precipitating and aggravating factors; the type, dosage, effectiveness, and side effects of medication taken to relieve the symptoms; treatment, other than medication, for the symptoms; any other measure used to relieve the symptoms; and any other factors concerning functional limitations and restrictions due to the symptoms. Id. § 404.1529(c)(3).

Section 404.1529(c) requires an ALJ to evaluate the intensity and persistence of symptoms, including how they limit work capacity, while considering the regulatory factors even when symptoms are more severe than objective evidence suggests.

Duffy v. Colvin · filed 2017-08-07(c)

With this evidence in hand, the ALJ must “evaluate the intensity and persistence of [the claimant’s] symptoms so that [he or she] can determine how [the] symptoms limit [the] claimant’s capacity for work.” 20 C.F.R. § 404.1529(c). The regulations recognize that a person’s symptoms may be more severe than the objective medical evidence suggests. See id. § 404.1529(c)(3). Therefore, the regulations provide six factors (known as the Avery factors) that will be considered when a claimant alleges pain. ... Although the ALJ focused on Duffy’s daily activities in his explanation of his decision, he adequately discussed the preceding five factors.

Section 404.1529(c)(2) bars an ALJ from rejecting symptom statements solely because objective medical evidence does not substantiate them; the regulation requires consideration of inconsistencies with the medical evidence and permits consideration of daily activities.

Notali v. Berryhill · filed 2017-08-09(c)(2), (c)(3)(i), (c)(4)

While an ALJ may not reject a claimant’s statements about the intensity and persistence of her symptoms solely because they are not substantiated by the objective medical evidence, 20 C.F.R. § 404.1529(c)(2), the ALJ must consider whether there are any inconsistencies between the claimant’s statements and the medical evidence when determining the extent to which symptoms affect a claimant’s capacity to perform basic work activities, see 20 C.F.R. § 404.1529(c)(4). ... The ALJ also considered reports of Notali’s daily activities. See 20 C.F.R. § 404.1529(c)(3)(i). The ALJ noted that her reported daily activities—shopping, cooking, attending church, visiting family and friends, driving her daughter to school and to the park, and performing household chores with assistance—demonstrated more than a minimal level of functioning.

Section 404.1529 requires an ALJ to determine whether a medically determinable impairment could produce the alleged symptoms, then assess their consistency with objective and other evidence, without rejecting symptom statements solely because objective evidence does not substantiate them.

Trancynger v. Commissioner of Social Security · filed 2017-09-05(a), (b), (c)(2), and (c)(4)

At the first step, the ALJ must decide whether the claimant suffers from a medically determinable impairment that could reasonably be expected to produce the symptoms alleged. 20 C.F.R, § 404.1529(b).. That requirement stems from the fact that subjective assertions of pain alone cannot ground a finding of disability. 20 C.F.R. § 404.1529(a). 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. ... The SSA has issued -regulations relating to reports of pain or other symptoms affecting the ability to work by a claimant for disability benefits. 20 C.F.R. § 404.1529(c). These regulations provide, inter alia, that the SSA “will not reject [a claimant’s] statements about the intensity and persistence of [his] pain or other symptoms or about the effect [his] symptoms have on [his] ability to work solely because the available objective medical evidence does not substantiate [his] statements.” IdL § 404.1529(c)(2). The regulations also provide that the SSA “will consider whether there are any inconsistencies in the evidence and the extent to which there are any conflicts between [a claimant’s] statements and the rest of the evidence.” Id. § 404.1529(c)(4).

Section 404.1529 requires an ALJ to consider a claimant’s subjective symptoms and prohibits rejecting statements about their intensity, persistence, or work effects solely because objective medical evidence does not substantiate them.

Daniels v. Berryhill · filed 2017-09-19(c)(2)

These regulations provide, inter alia,' that the SSA “will not reject [a claimant’s] statements about the intensity and persistence of [his] pain or other symptoms' or about the effect [his] symptoms have on [his] ability to work solely because the available objective medical evidence does not substantiate [his] statements.” Id. '§ 404.1529(c)(2).

Section 404.1529 requires a claimant’s allegations of pain or other subjective symptoms to be supported by objective medical evidence.

Rickabaugh v. Berryhill · filed 2017-09-22

A claimant’s allegations of pain or other subjective symptoms must be supported by - objective medical evidence.

Section 404.1529 requires an ALJ to evaluate a claimant's symptoms using objective medical evidence, daily activities, and other relevant evidence such as whether the condition is stable.

Gloria v. Berryhill · filed 2017-09-27(c)(2), (c)(3), (c)(4)

The Commissioner evaluates subjective, complaints based on medical signs and laboratory findings that show a claimant has a medical impairment that could reasonably be expected to produce the symptoms alleged. ... Once, a claimant has satisfied this threshold obligation, the ALJ will then go on. to evaluate the intensity and persistence of such symptoms. ... The ALJ explicitly considered this objective medical evidence when evaluating the credibility of Gloria’s symptoms. See 20 C.F.R. § 404.1529(c)(2). ... The ALJ also properly considered Gloria’s daily activities as a factor in determining Gloria’s credibility. See id. § 404.1529(c)(3)®. ... However, a finding that a medical condition is stable, while not dispositive, is a factor the ALJ may consider in determining a claimant’s credibility. See 20 C.F.R. § 404.1529(c)(4).

Section 404.1529 requires that a claimant’s statements about pain or other symptoms alone cannot establish disability; the ALJ must first determine whether a medically determinable impairment could produce the symptoms and then evaluate their intensity, persistence, and limiting effects.

Abdullah Amir v. Comm. of Social Security · filed 2017-10-13(a)

Furthermore, “[a]n individual’s statements as to ‘pain or other symptoms will not alone establish that [he is] disabled . . . .’” Walters, 127 F.3d at 531 (citing 20 C.F.R. § 404.1529(a)). This Court utilizes a two-prong test to assess a claimant’s assertion of disabling pain. See 20 C.F.R. §416.929(a); Buxton, 246 F.3d at 773; Felisky v. Bowen, 35 F.3d 1027, 1038-39 (6th Cir. 1994). “First, the ALJ will ask whether there is an underlying medically determinable physical impairment that could reasonably be expected to produce the claimant’s symptoms.” Rogers v. Comm’r of Soc. Sec., 486 F.3d 234, 247 (6th Cir. 2007) (citing 20 C.F.R. § 416.929(a)). “Second, if the ALJ finds that such an impairment exists, then he must evaluate the intensity, persistence, and limiting effects of the symptoms on the individual’s ability to do basic work activities.” Rogers, 486 F.3d at 247 (citing 20 C.F.R. § 416.929(a)). ... The ALJ’s conclusion regarding the weight to give Amir’s subjective statements was reasonable given the number of inconsistencies in the record, and consequently, the conclusion was supported by substantial evidence. ... Accordingly, we defer to the ALJ’s conclusion that Amir’s subjective complaints were not consistent with other evidence in the record.

Section 404.1529(c)(2)-(3) requires an ALJ evaluating symptoms to consider evidence beyond objective medical findings and prohibits rejecting symptom statements solely because objective evidence does not substantiate them.

Simmons v. Colvin · filed 2017-11-09(c)(2)-(3)

The ALJ must not “reject [the claimant’s] statements about the intensity and persistence of [her] pain or other symptoms or about the effect [her] symptoms have on [her] ability to work solely because the available objective medical evidence does not substantiate [her] statements.” 20 C.F.R. § 404.1529(c)(2). The ALJ must consider other evidence, in addition to the objective medical evidence, because “symptoms sometimes suggest a greater severity of impairment than can be shown by objective medical evidence alone.” 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 requires the Commissioner to consider all symptoms, including pain, for consistency with objective medical evidence and requires the ALJ to assess pain's persistence, intensity, and effect on the claimant's ability to work.

Minch v. Commissioner Social Security · filed 2017-11-15(a), (c)(1)

In determining whether a claimant is disabled, the Commissioner considers “all … symptoms, including pain, and the extent to which [these] symptoms can reasonably be accepted as consistent with objective medical evidence ….” 20 C.F.R. §§ 404.1529(a), 416.929(a). When evaluating subjective complaints of disabling symptoms, the ALJ must assess the persistence and intensity of the claimant’s pain as well as the extent to which it impairs his ability to work. 20 C.F.R. §§ 404.1529(c)(1), 416.929(c)(1). Allegations of disabling symptoms must be consistent with objective medical evidence, and the ALJ must explain why any allegations were rejected. See Burnett v. Comm’r of Soc. Sec. Admin., 220 F.3d 112, 121 (3d Cir. 2000).

Section 404.1529(c)(3) permits an ALJ to consider a claimant’s treatment history and medication, including dosage, effectiveness, and side effects, when evaluating symptoms.

Young v. Commissioner of Social Security · filed 2017-12-13(c)(3)

According to 20 C.F.R. § 404.1529(c)(3), it is appropriate for an ALJ to consider things such as plaintiff’s current or past treatment; and any medication including the dosage, effectiveness, and side effects of that medication. Furthermore, treatment that the ALJ deems conservative is an adequate basis for contradicting medical opinion evidence suggesting otherwise.

Section 404.1529 requires evaluating a claimant's subjective symptoms using factors including daily activities and the nature of symptoms such as pain, considered against the objective medical evidence.

Martinez v. Colvin · filed 2017-12-21

These factors include the plaintiff's ability to perform daily activities, and plaintiff's symptoms (including pain, intensity, and duration, to the extent consistent with the objective medical evidence). ... I find that the ALJ considered the appropriate factors in evaluating the plaintiff's subjective complaints. ... I find that the ALJ's credibility finding considered the appropriate factors, and that his evaluation was proper.

Section 404.1529 requires an ALJ to analyze treatment other than medication and measures used to relieve pain or other symptoms as additional symptom-evaluation factors.

Scott v. Social Security Administration Commissioner · filed 2018-02-02

Social Security Regulations 20 C.F.R. § 404.1529 and 20 C.F.R. § 416.929 require the analysis of two additional factors: (1) “treatment, other than medication, you receive or have received for relief of your pain or other symptoms” and (2) “any measures you use or have used to relieve your pain or symptoms (e.g., lying flat on your back, standing for 15 to 20 minutes every hour, sleeping on a board, etc.).”

Section 404.1529 requires a two-step evaluation of symptoms: first determine whether a medically determinable impairment could reasonably be expected to produce the alleged symptoms, then assess their persistence, intensity, and work-related effects using the claimant’s statements and all available evidence.

Troy v. Colvin · filed 2017-07-21(a)-(b), (c)(1)-(4)

The governing regulations prescribe a two-step process to determine whether a claimant’s symptoms (including pain) affect her ability to perform basic work activities. 20 C.F.R. §§ 404.1529, 416.929. First, the claimant must show “medical signs or laboratory findings” evidencing a “medically determinable impairment that could reasonably be expected to produce” the alleged pain. Id. §§ 404.1529(a)–(b), 416.929(a)–(b). ... The ALJ may not reject claimant’s statements solely because they are not substantiated by objective medical evidence; rather, he “must consider the entire case record,” Barnhart, 353 F.3d at 1005 (quoting Evaluation of Symptoms in Disability Claims: Assessing the Credibility of An Individual’s Statements, 1996 WL 374186, at *1 (SSA July 2, 1996) 3), and will take account of claimant’s statements to the extent they “can reasonably be accepted as consistent with the objective medical evidence and other evidence,” 20 C.F.R. §§ 404.1529(c), 416.929(c).

When a medically determinable impairment could reasonably be expected to produce symptoms, the ALJ must evaluate their intensity and persistence to determine how they limit the claimant’s capacity for work.

Sims v. Commissioner of Social Security · filed 2017-10-27(a)

If the record shows that the claimant has a medically determinable impairment that could reasonably be expected to produce her symptoms, the ALJ must evaluate the intensity and persistence of the symptoms to determine how they limit the claimant’s capacity for work. 20 C.F.R. § 404.1529(a).

Section 404.1529(c)(3) requires an ALJ assessing a claimant's credibility to consider seven specified factors in addition to the objective medical evidence.

Francis v. Berryhill · filed 2017-11-08(c)(3)

In accordance with Section 404.1529, the Ruling provides seven factors that an ALJ must consider in addition to the objective medical evidence when assessing a claimant’s credibility: 1. The individual’s daily activities; 2. The location, duration, frequency, and intensity of the individual’s pain or other symptoms; 3. Factors that precipitate and aggravate the symptoms; 4. The type, dosage, effectiveness, and side effects of any medication the individual takes or has taken to alleviate pain or other symptoms; ... 5. Treatment, other than medication, the individual receives or has received for relief of pain or other symptoms; 6. Any measures other than treatment the individual uses or has used to relieve pain or other symptoms (e.g. lying flat on his or her back, standing for 15 to 20 minutes every hour, or sleeping on a board); and 7. Any other factors concerning the individual’s functional limitations and restrictions due to pain or other symptoms. Id., at *3.

Section 404.1529 requires the ALJ to evaluate symptoms in two steps: determine whether a medically determinable impairment could reasonably produce the alleged symptoms, then assess whether the symptoms are consistent with the objective and other evidence.

Prince v. Berryhill · filed 2018-01-19(a), (b)

"At the first step, the ALJ must decide whether the claimant suffers from a medically determinable impairment that could reasonably be expected to produce the symptoms alleged." ... Second, "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' in the record."

Section 404.1529 requires an ALJ to determine whether a medically determinable impairment could reasonably be expected to produce the alleged symptoms, then assess their persistence, intensity, and work-related effects against the entire record, without rejecting statements solely for lack of objective corroboration.

Callaway v. Colvin · filed 2018-02-16(a)-(b), (c)(1), and (c)(3)-(4)

The governing regulations prescribe a two-step process to determine whether a claimant’s symptoms affect her ability to perform basic work activities. 20 C.F.R. § 404.1529. First, the claimant must present “medical signs or laboratory findings” evidencing a “medically determinable impairment that could reasonably be expected to produce” the alleged pain. Id. § 404.1529(a)–(b). ... Second, the ALJ must assess the persistence and intensity of pain and the extent to which it impairs a claimant’s ability to work. 20 C.F.R. § 404.1529(c)(1). ... The ALJ may not reject a claimant’s statements solely because they are not substantiated by objective medical evidence; rather, he “must consider the entire case record,” Barnhart, 353 F.3d at 1005 (quoting SSR 96–7p, 1996 WL 374186, at *1 (SSA July 2, 1996) 6), and will take account of the claimant’s statements to the extent that they “can reasonably be accepted as consistent with the objective medical evidence and other evidence,” 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(a) requires an ALJ to consider third-party statements when evaluating a claimant's pain or other symptoms.

Atchley v. Berryhill · filed 2018-02-28(a)

Consideration of third party statements also must be considered when an ALJ is evaluating a claimant’s pain. See 20 CFR § 404.1529(a).

Section 404.1529(c)(3) requires an ALJ evaluating symptoms, including pain, to consider daily activities, pain characteristics, aggravating factors, medication and side effects, other treatments, alleviating measures, and other factors concerning limitations and restrictions.

Krick v. Berryhill · filed 2018-03-16(c)(3)

Ms. Krick next contends that the ALJ erred in assessing the factors listed in 20 C.F.R. § 404.1529(c)(3) and SSR 96-7p. Pursuant to § 404.1529(c)(3), the ALJ must consider several factors in evaluating a claimant’s symptoms, such as pain, including: daily activities; location, duration, frequency, and intensity of pain; precipitating and aggravating factors; type, dosage, effectiveness, and side effects of medication to alleviate pain and other symptoms; treatments other than medication; measures used to alleviate pain or other symptoms; and other factors concerning limitations and restrictions due to pain and other symptoms.

Section 404.1529 requires an ALJ evaluating a claimant's symptoms to consider the type, dosage, effectiveness, and side effects of medication, but the ALJ need not discuss every factor in depth when the decision is supported by good reasons and substantial evidence.

Turner v. Berryhill · filed 2018-05-22(c)(3)(iv)

Under 20 CFR § 404.1529(c)(3)(iv), an ALJ considers the “type, dosage, effectiveness, and side effects of any medication [the claimant] take[s] or ha[s] taken to alleviate [ ] pain or other symptoms[.]” (emphasis added). Earlier in the decision, where the ALJ reviewed the evidence on possible mental disorders, the ALJ generally evaluated Melissa C.’s daily living, social functioning, and concentration/persistence/pace. (AR at p. 22). Following the ALJ’s finding that Melissa C.’s allegations of her symptoms were “not entirely consistent with the medical evidence[,]” the ALJ set out the evidence reflecting that inconsistency. Id. at p. 24. Specifically, the ALJ gave “great weight” to the functional capacity evaluations from December 2013 and March 2016, both of which concluded Melissa C. could perform light work for an 8-hour workday, contravening her claims about her need to lie down based on medication side effects. Id. at pp. 25-27. Even though “every factor [was] not discussed in depth[,]” the court finds the ALJ’s decision does not violate Polaski because the decision “is supported by good reasons and substantial evidence[.]” Smith, 756 F.3d at 625.

Section 404.1529(c)(2) bars an ALJ from discrediting a claimant’s symptom testimony solely because objective medical evidence does not support it.

Hansen v. Berryhill · filed 2018-07-18(c)(2)

An ALJ may not discredit a claimant’s testimony about his symptoms “solely because there is no objective medical evidence supporting it.” Villano, 556 F.3d at 562 (citing 20 C.F.R. § 404.1529(c)(2)).

Section 404.1529(c)(3) directs the ALJ to evaluate the intensity and persistence of a claimant’s symptoms, including pain, and the extent to which they limit the claimant’s ability to perform work-related activities.

Bourque v. Nancy A. Berryhill, Acting Commissioner of Social Security · filed 2018-07-23(c)(3)

Social Security Ruling (“SSR”) 16-3p provides guidance to ALJs when they assess claimants’ “symptoms, including pain, under 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3).” ... Under the ruling, “an ALJ determining whether an applicant has a residual functional capacity that precludes a finding of disability must evaluate the intensity and persistence of an individual's symptoms such as pain and determine the extent to which an individual's symptoms limit his or her ability to perform work-related activities.”

Section 404.1529(c)(2) bars an ALJ from rejecting a claimant’s statements about symptom intensity, persistence, or work effects solely because objective medical evidence does not substantiate them.

Arterberry v. Berryhill · filed 2018-08-02(c)(2)

Granted, an ALJ may “not reject [a claimant’s] statements about the intensity and persistence of . . . pain or other symptoms or about the effect . . . symptoms have on [the claimant’s] ability to work solely because the available objective medical evidence does not substantiate [the claimant’s] statements.” 20 C.F.R. § 404.1529(c)(2); see also id. § 416.929(c)(2). But the ALJ did not rely on the absence of corroborating evidence; rather, he relied on the objective medical evidence throughout the record, which was inconsistent with Arterberry’s claimed severe limitations.

Section 404.1529(c) requires the ALJ to consider all relevant medical and non-medical evidence, including specified factors, when evaluating the limiting effects of symptoms such as pain.

Kyle v. Berryhill · filed 2018-08-17(c), (c)(3)(i)-(vii)

Because symptoms, such as pain, can suggest a greater severity of impairment than can be shown solely by objective medical evidence, the ALJ must consider the claimant’s history, the signs and laboratory findings, statements from the claimant, statements from treating and non-treating sources, and objective medical evidence in assessing whether the claimant’s pain level supports greater limitations. 20 C.F.R. § 404.1529(c). Factors relevant to a claimant’s symptoms, such as pain, which the ALJ will consider are the claimant’s daily activities, the “location, duration, frequency, and intensity” of the pain, factors that precipitate and aggravate the pain, the “type, dosage, effectiveness, and side effects of any medication” taken to alleviate pain, other treatment that the claimant has received for pain relief, any measures the claimant has used to relieve pain, and any other factors concerning the claimant’s “functional limitations and restrictions due to pain.” 20 C.F.R. § 404.1529(c)(3)(i)-(vii).

Section 404.1529 requires a two-step evaluation of symptoms: the claimant must first show a medically determinable impairment that could reasonably produce the alleged symptoms, and the ALJ must then assess symptom persistence, intensity, and work-related effects using the claimant's statements and all available evidence.

Callaway v. Berryhill · filed 2018-02-16

The governing regulations prescribe a two-step process to determine whether a claimant's symptoms affect her ability to perform basic work activities. ... First, the claimant must present "medical signs or laboratory findings" evidencing a "medically determinable impairment that could reasonably be expected to produce" the alleged pain. ... Second, the ALJ must assess the persistence and intensity of pain and the extent to which it impairs a claimant's ability to work. ... This step requires the ALJ to evaluate the claimant's statements as well as "all [of] the available evidence," including the "claimant's medical history, medical signs and laboratory findings; objective medical evidence of pain; the medical opinions of the claimant's treating physician[s]; and any other evidence that bears on the severity of the pain."

Section 404.1529(c)(2) bars the SSA from rejecting a claimant's statements about the intensity and persistence of pain or other symptoms, or their effect on the ability to work, solely because available objective medical evidence does not substantiate them.

Brush v. Berryhill · filed 2018-03-26(c)(2)

These regulations provide, inter alia, that the SSA "will not reject [a claimant's] statements about the intensity and persistence of [her] pain or other symptoms or about the effect [her] symptoms have on [her] ability to work solely because the available objective medical evidence does not substantiate [her] statements."

Section 404.1529(c) requires an ALJ evaluating subjective symptoms to consider relevant factors and explain the reasons for the evaluation, while § 404.1529(c)(2) bars rejecting symptom testimony solely because objective medical evidence does not substantiate it.

Thomas v. Colvin · filed 2018-08-20(c)(2)

In evaluating the claimant’s subjective symptoms, “an ALJ must consider several factors, including the claimant’s daily activities, her level of pain or symptoms, aggravating factors, medication, treatment, and limitations, and justify the finding with specific reasons.” ... An ALJ may not discredit a claimant’s testimony about her symptoms “solely because there is no objective medical evidence supporting it.” Villano, 556 F.3d at 562 (citing 20 C.F.R. § 404.1529(c)(2)); see also Johnson v. Barnhart, 449 F.3d 804, 806 (7th Cir. 2006) (“The administrative law judge cannot disbelieve |the claimant’s] testimony solely because it seems in excess of the ‘objective’ medical testimony.”).

Section 404.1529 requires an ALJ to consider all symptoms, including pain, according to their consistency with objective medical and other evidence, and to evaluate their intensity and persistence using the entire case record.

Boardway v. Berryhill · filed 2018-09-10(a), (c)

"In determining whether [an individual] is disabled, [the ALJ] consider[s] all . . . symptoms, including pain, and the extent to which [the] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence." 20 C.F.R. § 404.1529(a). ... Here, at step one, the ALJ determined that Plaintiff's "medically determinable impairments [including lumbar DDD and fibromyalgia] could reasonably be expected to cause the alleged symptoms" (A.R. at 120). At step two, the ALJ determined that Plaintiff's "statements concerning the intensity, persistence and limiting effects of these symptoms are not supported by the objective medical evidence of record to the extent alleged" (id.). ... See 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304, at *5, *6, *7 (evaluation of subjective symptoms involves consideration of objective medical evidence, statements of agency personnel, opinions of state agency consultants, activities of daily living, and compliance with treatment). The previously discussed opinions of the state agency consultants, the objective medical evidence, and Plaintiff's daily living activities, including the SSA interviewer's observations, provide substantial support for the ALJ's finding regarding the intensity and persistence of Plaintiff's symptoms.

Section 404.1529(c)(3) requires an ALJ to consider each listed factor when evaluating a claimant’s subjective complaints, but does not require explicit written analysis of every factor.

Kelley v. Colvin · filed 2018-09-10(c)(3)

These factors, as also enumerated in 20 C.F.R. §§ 404.1529(c)(3) and 416.929(c)(3), include: “(1) the nature, location, onset, duration, frequency, radiation and intensity of any pain; (2) [p]recipitating and aggravating factors (e.g., movement, activity, environmental conditions); (3) [t]ype, dosage, effectiveness, and adverse side-effects of any pain medication; (4) [t]reatment, other than medication, for relief of pain; (5) [f]unctional restrictions; and (6) [t]he claimant’s daily activities.” Avery, 797 F.2d at 29; 20 C.F.R. §§ 404.1529(c)(3) and 416.929(c)(3). Although an ALJ should consider each of the above-listed factors, the ALJ is not required to provide “explicit written analysis of each factor.”

Section 404.1529(c) identifies factors, including objective medical evidence, symptom characteristics, medication and treatment, and measures used to relieve symptoms, that an ALJ considers when evaluating a claimant's symptoms.

Siburt v. Commissioner of the Social security Administration · filed 2018-09-12(c)

As the ALJ explained throughout her decision, plaintiff’s credibility was undermined not only by his ability to perform daily activities, but also by the other 20 C.F.R. § 404.1529(c) factors, including the objective medical evidence, location, duration, and intensity of his pain and symptoms, precipitating and aggravating factors, the type, dosage, effectiveness, and side effects of any medication, treatment, and measures to relieve his pain. On de novo review, this Court finds that the ALJ’s explanation of her conclusions on the plaintiff’s credibility is adequate and that the ALJ’s credibility determination is supported by substantial evidence.

Section 404.1529 requires an ALJ to evaluate a claimant’s symptom statements against the other record evidence, including objective medical evidence and conflicts with other evidence, and bars rejecting them solely because objective medical evidence does not substantiate them.

Leon L. Ladda , Jr. v. Berryhill · filed 2018-10-18(c)(2), (c)(4)

When determining credibility, the ALJ must also consider whether a claimant’s statements about pain and other symptoms conflict with other evidence on the record, including objective medical evidence and statements by physicians about how the claimant’s symptoms affect him. See 20 C.F.R. §§ 404.1529(c)(4), 416.929(c)(4) (stating the standard for evaluating subjective symptoms); Brown, 873 F.3d at 269 (explaining that this standard applies during the credibility determination). The ALJ cannot “reject [a claimant’s] statements about the intensity and persistence of . . . pain or other symptoms” or about the effect of those symptoms on a claimant’s ability to work “solely because the available objective medical evidence does not substantiate [them].” 20 C.F.R. §§ 404.1529(c)(2), 416.929(c)(2).

Section 404.1529 requires an ALJ to evaluate alleged symptoms against objective and other record evidence, may not reject a claimant’s symptom statements solely because objective evidence does not substantiate them, and must consider relevant factors such as daily activities, treatment, and functional limitations.

Freddette v. Nancy A. Berryhill, Acting Commissioner Social Security Administration · filed 2019-01-07(a), (c)(2), (c)(3)

In crafting a claimant’s RFC, an ALJ must consider all of a claimant’s alleged symptoms and determine the extent to which those symptoms can reasonably be accepted as consistent with objective medical evidence and other record evidence. 20 C.F.R. §§ 404.1529(a), 416.929(a); SSR 16-3p, 2016 WL 1119029, at *2 (Mar. 16, 2016). ... The ALJ cannot reject the veracity of the claimant’s own statements, however, solely because they are unsubstantiated by objective medical evidence. 20 C.F.R. §§ 404.1529(c)(2), 416.929(c)(2); see Clavette v. Astrue, No. 10-cv-580, 2012 WL 472757, at *9 (D.N.H. Feb 7, 2012), R. & R. adopted, 2012 WL 472878 (D.N.H. Feb. 13, 2012); Valiquette v. Astrue, 498 F. Supp. 2d 424, 433 (D. Mass. 2007). ... Other factors the ALJ must consider, known as the “Avery factors” in the First Circuit, include (1) the claimant’s daily activities;(2) the location, duration, frequency, and intensity of the pain or symptom; (3) any precipitating and aggravating factors; (4) the effectiveness of any medication currently or previously taken; (5) the effectiveness of non-medicinal treatment; (6) any other self-directed measures used to relieve pain; and (7) any other factors concerning functional limitations or restrictions. See 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); see also Childers v. Colvin, 2015 DNH 142, 2015 WL 4415129, at *5 (D.N.H. July 17, 2015) (citing Avery v. Sec’y of Health & Human Servs., 797 F.2d 19, 29 (1st Cir. 1986)).

Section 404.1529(c)(1) requires an ALJ assessing subjective symptoms to determine whether the claimant suffers from a medically determinable impairment that could reasonably be expected to produce the alleged symptoms.

Holdridge v. Comm'r of Soc. Sec. · filed 2018-12-17(c)(1)

"First, the ALJ must determine whether the claimant suffers from a 'medically determinable impairment[ ] that could reasonably be expected to produce' " her symptoms.

Section 404.1529(c)(2) bars an ALJ from rejecting a claimant’s statements about symptom intensity, persistence, or effects on ability to work solely because objective medical evidence does not substantiate them.

Leusch v. Berryhill · filed 2019-01-11(c)(2)

"[W]e will not reject your statements about the intensity and persistence of your pain or other symptoms or about the effect your symptoms have on your ability to work solely because the objective medical evidence does not substantiate your statements."

Section 404.1529 requires an ALJ to evaluate how the intensity and persistence of symptoms limit a claimant’s ability to work after finding a medically determinable impairment that could reasonably produce those symptoms, considering the claimant’s history, medical findings, statements, and other evidence.

PAGE v. BERRYHILL · filed 2019-05-14(a)–(c)

If the ALJ determines that the claimant has a medically determinable impairment that could reasonably produce the claimant’s pain or other symptoms, then the ALJ evaluates the extent to which the intensity and persistence of those symptoms limit the claimant’s ability to work.

Section 404.1529(c)(3)(iv) requires an ALJ evaluating symptoms to consider the type, dosage, effectiveness, and side effects of medication taken to alleviate pain or other symptoms.

Barnes v. Berryhill · filed 2019-06-03(c)(3)(iv)

See also 20 C.F.R. § 404.1529(c)(3)(iv) (“Factors relevant to your symptoms, such as pain, which we will consider include . . . [t]he type, dosage, effectiveness, and side effects of any medication you take or have taken to alleviate your pain or other symptoms . . .”). ... In light of this evidence, the ALJ’s RFC assessment was bound to include consideration and discussion of the types, dosages, effectiveness, and side effects of Barnes’s medication. Because the ALJ’s opinion does not indicate that these factors were evaluated and incorporated into Barnes’s RFC and included in the hypothetical question to the VE, this matter must be remanded for such consideration.

Section 404.1529(c)(2) bars an ALJ from disregarding symptom statements solely because objective medical evidence does not substantiate their severity, and § 404.1529(c)(3) requires consideration of specified other evidence and factors.

Jackson v. Nancy A. Berryhill, Acting Commissioner, Social Security Administration · filed 2019-06-07(c)(2), (c)(3)

However, an ALJ cannot “disregard an individual’s statements about the intensity, persistence, and limiting effects of symptoms solely because the objective medical evidence does not substantiate the degree of impairment-related symptoms [she] allege[s].” Id. at *5 (citing 20 C.F.R. § 404.1529(c)(2)). To the contrary, when a claimant’s statements about her symptoms are not substantiated by objective medical evidence, the ALJ must perform the second part of step two by considering other evidence in the record, including “statements from the individual, medical sources, and any other sources that might have information about the individual’s symptoms, including agency personnel, as well as the factors set forth in [the SSA’s] regulations.” SSR 16-3p, 2016 WL 1119029, at *5. The factors mentioned in SSR 16-3p are set forth in 20 C.F.R. § 404.1529(c)(3), and they are often referred to as the Avery factors, see 797 F.2d at 29.

Section 404.1529 requires an ALJ evaluating pain and other symptoms to consider relevant evidence and factors, including daily activities and inconsistencies between the claimant's statements and the record.

Sandidge v. Commissioner of Social Security · filed 2019-06-21(c)(3), (c)(3)(i), (c)(4)

Since Plaintiff’s reported pain and other symptoms suggested her impairments were of greater severity than could be shown by objective medical evidence, the ALJ appropriately considered other information and factors that may be relevant to the degree of pain and other symptoms alleged (Tr. 15-18). 20 C.F.R. § 404.1529(c)(3). ... The ALJ appropriately considered Plaintiff's level of daily activity as a factor in determining the extent to which pain and other symptoms are of disabling severity (Tr. 15-18). 20 C.F.R. §§ 404.1529(c)(3)(i), 416.929(c)(3)(i); Bogle v. Sullivan, 998 F.2d 342, 348 (6th Cir. 1993); Blacha v. Sec’y of Health & Human Servs., 927 F.2d 228, 231 (6th Cir. 1990) (As a matter of law, the Administrative Law Judge may consider household and social activities in evaluating complaints of disabling pain.). ... Another factor the ALJ properly considered was whether there are any inconsistencies in the evidence and the extent to which there were any conflicts between Plaintiff’s statements and the rest of the evidence (Tr. 15-18). 20 C.F.R. § 404.1529(c)(4).

Section 404.1529(c)(3) permits an ALJ to consider factors such as medication effectiveness, efforts to obtain relief, medical contacts, daily activities, and consistency with objective evidence when assessing a claimant's symptoms.

Carr v. Social Security Administration · filed 2019-06-26(c)(3)

At step two, the ALJ may consider, among other things, a number of factors in assessing a claimant’s credibility, including the levels of medication and their effectiveness, the extensiveness of the attempts . . . to obtain relief, the frequency of medical contacts, the nature of daily activities, subjective measures of credibility that are peculiarly within the judgment of the ALJ, . . . and the consistency or compatibility of nonmedical testimony with objective medical evidence. Kepler v. Chater, 68 F.3d 387, 391 (10th Cir. 1995) (internal quotation marks and citations omitted); see 20 C.F.R. §§ 404.1529(c)(3) and 416.929(c)(3).

Section 404.1529 requires a claimant relying on pain or other subjective symptoms to show an underlying medical condition and either objective evidence confirming the symptoms’ severity or that the condition could reasonably be expected to produce the claimed symptoms.

Raymond v. Social Security Administration, Commissioner · filed 2019-07-09

“In order to establish a disability based on testimony of pain and other symptoms,” a claimant must show “(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.” Wilson v. Barnhart, 284 F.3d 1219, 1225 (11th Cir. 2002); see also 20 C.F.R. § 404.1529. This “standard also applies to complaints of subjective conditions other than pain.”

Section 404.1529 requires an ALJ evaluating a disability claim to review pertinent medical and nonmedical evidence and explain the evidence it accepts or rejects.

UNGEMACH v. COMMISSIONER OF SOCIAL SECURITY · filed 2019-07-11

When considering a claimant’s disability benefits claim, an ALJ’s duty is to review all the pertinent medical and nonmedical evidence and explain his conciliations and rejections. 20 C.F.R. § 404.1529; Burnett v. Comm'r of Soc. Sec. Admin., 220 F.3d 112, 122 (3d Cir. 2000); Cotter v. Harris, 642 F.2d 700, 707 (3d Cir. 1981). ... Plaintiff argues that the ALJ improperly discounted certain medical evidence without properly explaining her reasoning. To the contrary, the Court finds that the ALJ satisfied her obligation in this regard.

Section 404.1529(a) requires an ALJ to consider a claimant’s statements about symptoms, including pain and workplace limitations.

McDonald v. Commissioner Social Security Administration · filed 2019-07-25(a)

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 requires the ALJ to first determine whether medically determinable impairments could reasonably produce the alleged symptoms, then assess symptom severity and functional limits using objective evidence and other case-record factors.

Terry v. Berryhill · filed 2019-08-02(b), (c)(1)–(3)

The ALJ applied a two-step process. ... First, he analyzed the “medically determinable physical or mental impairment[s] that could reasonably be expected to produce [claimants] symptoms, such as pain.” 20 C.F.R. § 404.1529(b). Second, the ALJ evaluated the severity of the symptoms to determine how they limited Plaintiff’s ability to function. 20 C.F.R. § 404.1529(c)(1). In doing this, the ALJ compared the objective medical evidence with Plaintiff’s statements to determine whether there were inconsistencies in the evidence and if there were conflicts between Plaintiff’s statements and the evidence. 20 C.F.R. § 404.1529(c)(2). ... If an applicant’s claims “regarding symptoms, or their intensity and persistence, are not supported by the objective medical evidence, the ALJ must make a determination of the credibility of the applicant in connection with his or her complaints ‘based on a consideration of the entire case record.’” ... After taking the above factors and others required by 20 C.F. R. § 404.1529(c)(1)–(3) into account, substantial evidence supports the ALJ’s properly determined finding of Plaintiff’s RFC.

Section 404.1529(c)(2) permits objective medical evidence to be considered as a relevant factor in evaluating the severity and disabling effects of pain, while subsection (c)(4) limits symptom-based reductions in residual functional capacity to limitations consistent with objective and other evidence.

(SS) Denney v. Commissioner of Social Security · filed 2019-08-29(c)(2), (c)(4)

However, the law does not require an ALJ simply to ignore inconsistencies between objective medical evidence and a claimant’s testimony. “While subjective pain testimony cannot be rejected on the sole ground that it is not fully corroborated by objective medical evidence, the medical evidence is still a relevant factor in determining the severity of claimant’s pain and its disabling effects.” Rollins v. Massanari, 261 F.3d 853, 857 (9th Cir. 2001); SSR 16-3p (citing 20 C.F.R. § 404.1529(c)(2)). As part of his or her analysis of the record as a whole, an ALJ properly considers whether the objective medical evidence supports or is consistent with a claimant’s pain testimony. Id.; 20 C.F.R. §§ 404.1529(c)(4), 416.1529(c)(4) (symptoms are determined to diminish residual functional capacity only to the extent that the alleged functional limitations and restrictions “can reasonably be accepted as consistent with the objective medical evidence and other evidence”).

Section 404.1529 requires an ALJ to evaluate the intensity and persistence of a claimant’s symptoms using all available evidence and relevant factors, including inconsistencies between the claimant’s statements and the record.

Isaacs v. Commissioner of Social Security Administration · filed 2019-08-29(a), (c)(3), (c)(4)

Following a determination that the medical signs or laboratory findings support the existence of medically-determinable impairments that could reasonably be expected to produce the claimant’s alleged symptoms, the ALJ should evaluate the intensity and persistence of those symptoms to determine how they affect the claimant’s capacity for work. 20 C.F.R. § 404.1529(a). ... The ALJ should “consider whether there are any inconsistencies in the evidence and the extent to which there are conflicts between [the claimant’s] statements and the rest of the evidence.” 20 C.F.R. § 404.1529(c)(4).

Section 404.1529 requires a two-step evaluation of pain: the adjudicator first determines whether a medically determinable impairment could reasonably be expected to produce the symptoms, then evaluates their intensity, persistence, and limiting effects to determine how they restrict basic work activities.

Curry v. Commissioner of Social Security · filed 2019-08-23(b), (c)(1), (c)(3)

The social security regulations establish a two-step process for evaluating pain. See 20 C.F.R. § 404.1529, SSR 16-3p5. ... Therefore, the ALJ must first consider whether an underlying medically determinable physical or mental impairment exists that could reasonably be expected to produce the individual's pain or other symptoms. See id. Secondly, after an underlying physical or mental impairment is found to exist that could reasonably be expected to produce the claimant's pain or symptoms, the ALJ then determines the intensity, persistence, and limiting effects of the claimant's symptoms to determine the extent to which the symptoms limit the claimant's ability to do basic work activities. See id.

Section 404.1529(c) requires an ALJ evaluating the intensity, persistence, and limiting effects of symptoms to consider the entire case record and specified factors including pain characteristics, aggravating factors, medication, treatment, daily activities, and functional restrictions.

PEPPER v. BERRYHILL · filed 2019-09-03(c)

In considering the intensity, persistence, and limiting effects of an individual's symptoms, the ALJ will examine the entire case record, including the objective medical evidence; an individual's statements about the intensity, persistence, and limiting effects of symptoms; statements and other information provided by medical sources and other persons; and any other relevant evidence in the individual's case record. SSR 16-3p. Additionally, the ALJ will also consider daily activities; the location, duration, frequency, and intensity of pain or other symptoms; factors that precipitate and aggravate the symptoms; the type, dosage, effectiveness, and side effects of any medication an individual takes or has taken to alleviate pain or other symptoms; treatment, other than medication, an individual receives or has received for relief of pain or other symptoms; any measures other than treatment an individual uses or has used to relieve pain or other symptoms; and any other factors concerning an individual's functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. §§404.1529(c), 416.929(c). The ALJ will also look at inconsistencies between the claimant's statements and the evidence presented. Id. ... Nevertheless, I have considered the same. In accordance with the regulations, the ALJ “considered the claimant’s subjective complaints with regard to pain, precipitating and aggravating factors, medications and other treatment, and any functional restrictions and claimant’s daily activities (20 CFR 416.929).” ... After a review of the record, I find that the ALJ sufficiently explained the inconsistencies he found in evaluating Plaintiff’s testimony in relation to all of the other evidence in determining his RFC. Id. I further find there is substantial evidence to support his findings in this regard. Consequently, I find no merit to this assertion.

Section 404.1529 requires the ALJ to consider all symptoms, including pain, assess whether they are consistent with objective and other evidence, and evaluate their intensity and persistence to determine how they limit work capacity.

Joines v. Berryhill · filed 2019-09-04(a), (c)(1)

In determining a claimant’s RFC, “the claimant is entitled to have the ALJ ‘consider all [her] symptoms, including pain, and the extent to which [her] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence.’” Brown v. Comm’r of Soc. Sec. Admin., 873 F.3d 251, 255 (4th Cir. 2017) (quoting 20 C.F.R. § 404.1529(a)). “When the medical signs or laboratory findings show that [the claimant has] a medically determinable impairment(s) that could reasonably be expected to produce [her] symptoms, such as pain, [the ALJ] must then evaluate the intensity and persistence of [the claimant’s] symptoms so that [the ALJ] can determine how [her] symptoms limit [her] capacity for work.” Monroe v. Colvin, 826 F.3d 176, 179 (4th Cir. 2016) (first, third, fourth, and fifth alterations in original) (quoting 20 C.F.R. §§ 404.1529(c)(1), 416.929(c)(1)).

Section 404.1529 requires a two-step evaluation of a claimant’s symptoms: determine whether medically determinable impairments could reasonably produce the alleged symptoms, then assess their intensity, persistence, and limiting effects on work capacity.

Cuevas v. Commissioner of Social Security · filed 2019-09-05(a), (c)

To satisfy the substantial evidence rule, the ALJ’s credibility assessment must be based on a two-step analysis of pertinent evidence in the record. 20 C.F.R. § 404.1529. See Foster v. Callahan, No. 96–CV–1858, 1998 WL 106231, at *5 (N.D.N.Y. Mar. 3, 1998) (“Social Security regulations describe a two-step process for evaluating a claimant’s symptoms, including pain.”). First, the ALJ must determine, based on the claimant’s objective medical evidence, whether the medical impairments “could reasonably be expected to produce the pain and other symptoms alleged[.]” 20 C.F.R. § 404.1529(a). Second, if the medical evidence alone establishes the existence of such impairments, then the ALJ need only evaluate the intensity, persistence, and limiting effects of a claimant’s symptoms to determine the extent to which they limit the claimant’s capacity to work. 20 C.F.R. § 404.1529(c).

Section 404.1529(a) requires an ALJ to consider a claimant’s statements about symptoms, but those statements alone cannot establish disability and objective medical evidence from an acceptable medical source must show an impairment that could reasonably be expected to produce the alleged symptoms.

Stanhope v. Commissioner of Social Security Administration · filed 2019-09-06(a)

This assessment was consistent with 20 C.F.R. section 404.1529(a), which requires that an ALJ will consider all of a claimant’s statements about their symptoms, but also that “statements about [a claimant’s] pain or other symptoms will not alone establish that [a claimant] is disabled.” 20 C.F.R. § 404.1529(a). In addition, a claimant must establish there is “objective medical evidence from an acceptable medical source that shows [a claimant has] a medical impairment(s) which could reasonably be expected to produce the pain or other symptoms alleged[.]” Id.

Section 404.1529 requires alleged pain-related functional limitations to be evaluated for consistency with medical signs, laboratory findings, objective medical evidence, and other evidence when determining their effect on basic work activities.

Borelli v. Berryhill · filed 2019-09-06(a), (c)(4)

Social Security Administration regulations provide that, “[i]Jn evaluating the intensity and persistence of your symptoms, including pain, [the Secretary] will consider ... laboratory findings and statements about how your symptoms affect you. [The Secretary] will then determine the extent to which your alleged functional limitations and restrictions due to pain or other symptoms can reasonably be accepted as consistent with the medical signs and laboratory findings and other evidence to decide how your symptoms affect your ability to work.” 20 C.F.R. § 404.1529(a). They further provide that “[y]our symptoms, including pain, will be determined to diminish your capacity for basic work activities to the extent that your alleged functional limitations and restrictions due to symptoms, such as pain, can reasonably be accepted as consistent with the objective medical evidence and other evidence.” Id. § 404.1529(c)(4).