20 C.F.R. § 404.1529

Section 404.1529 requires alleged functional limitations and restrictions from symptoms such as pain to be accepted only to the extent they are consistent with objective medical and other evidence.

Pearson v. Barnhart · filed 2005-08-09

In determining plaintiffs capacity for basic work, the ALJ determined “the extent that [plaintiffs] 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.” 20 C.F.R. §§ 404.1529 and 416. 929; SSRs 96-2p and 96-6p; (Tr. 19). ... In the present case, the relevant medical evidence did not support plaintiffs subjective complaints to the extent that he alleged. ... The ALJ is the evaluator of the intensity and the persistence of pain or symptoms and the extent to which they impact the individual’s ability to work. ... The ALJ reasonably concluded that plaintiffs subjective complaints of disabling back pain, leg pain, and numbness were not credible. (Tr. 20, 21). Plaintiffs contention that the ALJ did not properly evaluate his subjective claims is unfounded. Accordingly, the ALJ’s decision is supported by substantial evidence.

Section 404.1529 requires an ALJ evaluating subjective pain and fatigue symptoms to consider them beyond objective evidence and assess factors including daily activities, symptom pattern, medication, and other treatment.

Devitt, Sharon v. Barnhart, Jo Anne · filed 2005-09-20(c)(3)

An ALJ who finds an impairment that may cause pain and fatigue must not ignore those subjective symptoms solely because they are unsupported by objective evidence. ... Therefore, the ALJ must evaluate testimony of those symptoms in light of the following factors: daily activities; duration, location, and frequency of pain; aggravating factors; medication; other treatments; and other relevant facts. See Clifford, 227 F.3d at 872; 20 C.F.R. § 404.1529(c)(3); SSR 96-7p.

Section 404.1529(c)(2) requires an ALJ to consider a claimant’s subjective complaints of pain and their effects even when objective medical evidence does not substantiate them.

Kathleen Briscoe, on Behalf of Nelson Taylor, Deceased v. Jo Anne B. Barnhart, Commissioner of Social Security · filed 2005-09-23(c)(2)

The ALJ was required to evaluate whether Taylor’s statements about the intensity and of his pain were consistent with the available evidence and whether that testimony supported an earlier onset date. He failed to do so. See 20 C.F.R. § 404.1529(c)(2) (stating that the ALJ must consider a claimant’s subjective complaints of pain and its effects to him even where the available objective medical evidence does not substantiate the claimant’s statements).

Section 404.1529(c)(3)(iv) requires consideration of the type, dosage, effectiveness, and side effects of any medication in evaluating subjective symptoms.

Mulero v. Commissioner of · filed 2004-09-03(c)(3)(iv)

See 20 C.F.R. § 404.1529(c)(3)(iv) (requiring consideration of "[t]he type, dosage, effectiveness, and side effects of any medication [claimant] take[s] or ha[s] taken" in evaluating subjective symptoms); see also Social Security Ruling 96-7p, Evaluation of Symptoms in Disability Claims: Assessing the Credibility of an Individual's Statements, 1996 WL 374186 *3, *7 (S.S.A. July 2, 1996) (same).

Section 404.1529(c)(3) requires considering multiple factors when evaluating subjective symptoms, with the lack of objective medical support treated as only one factor.

Blom v. Barnhart · filed 2005-03-26(c)(3)

At step two, “the ALJ may not disregard subjective complaints merely because they are not fully supported by objective medical evidence.” ... Rather, this is but one factor to consider, along with: ... (g) functional limitations and restrictions.

Section 404.1529(c)(1) requires the Commissioner to consider the claimant’s symptom intensity and persistence, objective medical evidence, and daily activities when evaluating subjective pain.

Guinn v. Commissioner of Social Security · filed 2008-04-11(c)(1)

According to the Social Security regulations, when a claimant contends that he is impaired by subjective pain, the Commissioner must consider several factors, including the intensity and persistence of a claimant’s symptoms, objective medical evidence, and the claimant’s daily activities.

Section 404.1529(c)(3)(i)-(vi) requires an ALJ evaluating subjective symptoms to consider factors including the claimant's daily activities, symptoms, aggravating factors, medication side effects, and treatment.

Wilson v. Astrue · filed 2009-09-03(c)(3)(i)-(vi)

“When evaluating a claimant’s subjective symptoms, the ALJ must consider such things as: (1) the claimant’s daily activities; (2) the nature, location, onset, duration, frequency, radiation, and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) adverse side-effects of medications, and (5) treatment or measures taken by the claimant for relief of symptoms.”

Section 404.1529(b) requires allegations of subjective symptoms to be supported by objective medical evidence.

Bailey v. Commissioner of Social Security · filed 2009-12-03(b)

Allegations of subjective symptoms must be supported by objective medical evidence. 20 C.F.R. § 404.1529(b). ... Despite Bailey’s arguments to the contrary, the ALJ followed the procedures of SSR 96-7p in considering Bailey’s subjective symptoms. Here, the ALJ provided an exhaustive exposition of the medical evidence in the record, including diagnoses of anxiety and depression in 1997 and 1998 from the Jersey Shore Medical Center charts and Bailey’s prior testimony. However, the ALJ rejected Bailey’s statements as to his symptoms for the period before July 15, 2002, because they were “not supported by the medical evidence of record.” The ALJ then examined Bailey’s medical records from the period before July 15, 2002, specifying which parts of the record were relied on in making this determination. In particular, the ALJ noted medical evidence demonstrating severe anxiety and depression after Bailey’s July 2002 hospitalization. Because the ALJ specifically rejected Bailey’s subjective symptoms for the period before July 15, 2002, and based these findings on specific medical evidence in the record, the ALJ properly discounted Bailey’s testimony.

Section 404.1529(c) requires the ALJ to consider the entire case record and specified factors when evaluating the intensity, persistence, and limiting effects of a claimant's symptoms.

Hall v. Astrue · filed 2009-12-20(c)

However, ALJ Young omitted the conclusions of several medical sources that supported plaintiffs credibility and omitted any mention of plaintiffs medication history, raising doubt as to whether the entire record was considered as required by SSR 96-7P and 20 C.F.R. § 404.1529.

Section 404.1529 requires an ALJ to consider a claimant’s symptoms and relevant credibility factors, but does not require a slavish discussion of every factor when the credibility finding is supported by specific findings.

Vining v. Astrue · filed 2010-07-01(a), (c)(3)

This plaint is without merit. This court has rejected the notion that an administrative law judge must slavishly discuss all factors relevant to analysis of a claimant’s credibility and complaints of pain in order to make a supportable credibility finding.

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider the claimant's daily activities, symptom intensity, aggravating factors, medication effects, treatment measures, and other factors concerning functional limitations.

D'Andrea v. Commissioner of Social Security Administration · filed 2010-07-28(c)(3)

The ALJ must consider such things as: (1) the claimant’s daily activities; (2) the nature and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) effects of medications; (5) treatment or measures taken by the claimant for relief of symptoms; and (6) other factors concerning functional limitations. See 20 C.F.R. § 404.1529(c)(3). ... The ALJ discounted D’Andrea’s subjective complaints on credibility grounds, and those grounds are well supported by the evidence.

Section 404.1529 requires an ALJ evaluating subjective symptoms such as pain to consider whether the symptom reports are consistent with other evidence, including lab findings, objective testing, treatment history, and activities of daily living.

Buckner v. Astrue · filed 2010-01-13(a) & (c)

In evaluating subjective symptoms such as pain, the ALJ is required to consider the extent to which symptom reports are consistent with the other evidence, including lab findings, objective testing, treatment history, and activities of daily living (“ADLs”).

Section 404.1529(c) requires the ALJ to evaluate a claimant’s subjective complaints of disabling limitations based on the entire record after the claimant demonstrates a severe impairment reasonably expected to produce the alleged pain or other symptoms.

Larlee v. Astrue · filed 2010-03-15(c)

Accordingly, once a claimant succeeds in demonstrating that she has a severe impairment that reasonably could be expected to produce her pain or other symptoms, the ALJ must evaluate the credibility of the claimant’s subjective complaints of disabling limitations based on consideration of the entire record, in order to determine how the claimant’s symptoms affect her capacity to work.

Section 404.1529(c) requires allegations of pain and other subjective symptoms to be supported by objective medical evidence when evaluating a claimant's symptoms.

POSKO v. Astrue · filed 2010-12-21(c)

The Social Security regulations provide that allegations of pain and other subjective symptoms must be supported by objective medical evidence, 20 C.F.R. § 404.1529(c), and an ALJ may reject a claimant’s subjective testimony if he does not find it credible as long as he explains why he is rejecting the testimony.

Section 404.1529 requires an ALJ to use a two-step analysis of symptoms, including consideration of the seven factors listed in subsection (c)(3) when objective evidence does not substantiate symptom intensity, persistence, or limiting effects.

Johnson v. Astrue · filed 2010-10-26(a), (c), and (c)(3)

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, 416.929. The ALJ must first determine whether, based upon the objective medical evidence, a claimant’s medical impairments “could reasonably be expected to produce the pain or other symptoms alleged ....” 20 C.F.R. § 404.1529(a). ... If the objective evidence does not substantiate the intensity, persistence, or limiting effects of the claimant’s symptoms, the ALJ must assess the claimant’s subjective complaints by considering the record in light of the following factors: (1) the claimant’s daily activities; (2) location, duration, frequency, and intensity of claimant’s symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication taken to relieve symptoms; (5) other treatment received to relieve symptoms; (6) any measures taken by the claimant to relieve symptoms; and (7) any other factors concerning the claimant’s functional limitations and restrictions due to symptoms. 20 C.F.R. § 404.1529(c)(3); SSR 96-7p.

Section 404.1529(c) requires the ALJ to consider specified factors beyond objective medical evidence when evaluating a claimant’s statements about symptoms, including pain.

Blackmon v. Astrue · filed 2010-08-04(c)

The ALJ should consider the following in addition to the objective medical evidence when assessing the credibility of a claimant’s statements about his or her symptoms, including pain: (1) the claimant’s daily activities; (2) the location, duration frequency, and intensity of the claimant’s pain or other symptoms; (3) factors that precipitate and aggravate the symptoms; (4) the type, dosage, effectiveness, and side effect of any medication that the claimant takes or has taken to alleviate pain or other symptoms; (5) treatment, other than medication, the claimant receives or has received for relief of pain or other symptoms; (6) any measures other than treatment the claimant uses or has used to relieve pain or other symptoms; and (7) any other factors concerning the claimant’s functional limitations and restrictions due to pain or other symptoms.

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider daily activities, symptom nature and intensity, aggravating factors, medication effects, and treatment or relief measures.

Carson v. Commissioner of Social Security · filed 2011-09-21(c)(3)

When evaluating a claimant’s subjective symptoms, the ALJ must consider such things as: (1) the claimant’s daily activities; (2) the nature and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) effects of medications; and (5) treatment or measures taken by the claimant for relief of symptoms. See 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3)-(4) requires an ALJ evaluating subjective symptoms to consider specified factors and the other evidence in the record.

Brown v. Commissioner of Social Security · filed 2011-10-06(c)(3)-(4)

In evaluating a claimant’s testimony, the ALJ should also consider: (1) the claimant’s daily activities; (2) the “duration, frequency, and intensity” of the claimant’s symptoms; (3) “[p]recipitating and aggravating factors”; (4) the effectiveness and side effects of any medications; and (5) treatment or other measures taken by the claimant to alleviate symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). The ALJ is to consider these factors in light of the other evidence in the record. Id. §§ 404.1529(c)(4), 416.929(c)(4).

Section 404.1529 provides that a claimant’s subjective report of the effects of an impairment is not controlling.

Giunta v. Commissioner of Social Security · filed 2011-11-23

As noted by the ALJ and district court, a claimant’s subjective report of the effects of his impairment is not controlling, see 20 C.F.R. § 404.1529, and the opinion of a treating physician is not controlling if it conflicts with other substantial evidence in the record. ... The ALJ was not required to accord controlling weight to Giunta’s subjective complaints or, in light of the conflicting evidence, the opinions of Giunta’s treating physicians.

Section 404.1529 makes a claimant’s subjective report of impairment effects noncontrolling in evaluating disability.

Giunta v. Commissioner of Social Security · filed 2011-12-05

As noted by the ALJ and district court, a claimant’s subjective report of the effects of his impairment is not controlling, see 20 C.F.R. § 404.1529, and the opinion of a treating physician is not controlling if it conflicts with other substantial evidence in the record.

Section 404.1529(c)(3) identifies factors relevant to symptoms that an ALJ may consider, but the ALJ need not explicitly discuss every listed factor in each credibility decision.

Burbo v. Commissioner of Social Security · filed 2012-01-30(c)(3)

S.S.R. 96-7p’s explanatory requirement does not require an ALJ to explicitly discuss each of the credibility-weighing factors identified in 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) requires medication effects to be considered when they can reasonably be accepted as consistent with objective medical evidence, including the medication’s type, dosage, effectiveness, and side effects.

Schmidt v. Commissioner Social Security · filed 2012-02-24(c)(3), (c)(3)(iv)

The effect of medication on a claimant’s ability to work will be considered if it “can reasonably be accepted as consistent with the objective medical evidence.” 20 C.F.R. § 404.1529(c)(3). Factors that will be considered include the “type, dosage, effectiveness, and side effects” of any medication. Id. § 404.1529(c)(3)(iv). ... The alleged effects of Schmidt’s medication are not consistent with the medical evidence in the record. Because there is substantial evidence to support the ALJ’s conclusion that Schmidt did not experience disabling side effects from his medication, the District Court did not err in affirming the ALJ’s decision.

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

Mosley v. Astrue · filed 2012-03-30(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 requires a two-step evaluation of subjective symptoms: first determine whether a medically determinable impairment could reasonably produce them, then assess their consistency with objective medical and other evidence.

Greene v. Colvin · filed 2013-04-05(a), (b)

The regulations outline á two-step process for assessing claims of subjective pain. ... “At the first step, 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 second step requires the hearing officer to determine “the extent to which [the claimant’s] symptoms can reasonably be accepted as consistent with the objective médical evidence and other evidence of record.”

Section 404.1529(c)(1) requires an ALJ to evaluate the intensity and persistence of a claimant’s symptoms to determine how they limit the claimant’s capacity for work after finding a medically determinable impairment that could reasonably be expected to produce those symptoms.

Strickland v. Commissioner of Social Security · filed 2013-04-11(c)(1)

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 in determining how they limit the claimant’s capacity for work. 20 C.F.R. § 404.1529(c)(1).

Section 404.1529(c) requires evaluating subjective symptoms by determining whether an underlying medical condition exists and whether objective evidence confirms the alleged severity or the condition could reasonably be expected to produce the alleged symptoms.

Parker v. Colvin · filed 2013-09-23(c)

Thus, the ALJ correctly applied the “pain standard” to Mr. Parker’s breathing problems and found evidence of an underlying medical condition (COPD) but also found neither objective medical evidence that confirms the severity of the alleged limitations arising from that condition nor that the objectively determined medical condition is of such a severity that it can be reasonably expected to give rise to the alleged limitations.

Section 404.1529 requires a two-step evaluation of subjective symptom testimony, beginning with whether a medically determinable impairment could reasonably be expected to cause the claimant's symptoms.

Myers v. Colvin · filed 2013-06-26(b)

A determination of whether to accept a claimant’s subjective symptom testimony requires a two-step analysis. ... First, the ALJ must determine whether there is a medically determinable impairment that reasonably could be expected to cause the claimant’s symptoms.

Section 404.1529(c)(4) requires an ALJ to assess whether a claimant's alleged functional limitations and restrictions due to symptoms are consistent with the objective medical evidence and other evidence.

Orienti v. Astrue · filed 2013-08-07(c)(4)

In making this determination, the ALJ was required to make a credibility assessment in order to find whether Ms. Orienti’s claims could be accepted in light of the objective medical information in the record.

Section 404.1529(c)(3) requires an ALJ evaluating a claimant’s subjective symptoms to consider daily activities, symptom nature and intensity, precipitating and aggravating factors, medication effects, and treatment or other relief measures.

Harrison v. Commissioner of Social Security · filed 2014-06-24(c)(3)

When evaluating a claimant’s subjective symptoms, the ALJ must consider: (1) the claimant’s daily activities; (2) the nature and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) effects of medications; and (5) treatment or measures taken by the claimant for relief of symptoms. See 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3)(i) permits an ALJ to consider a claimant's daily activities when evaluating subjective symptoms, but participation in daily activities for short durations does not necessarily disqualify the claimant from disability.

Crow v. Commissioner, Social Security Administration · filed 2014-07-07(c)(3)(i)

The ALJ may consider the claimant’s daily activities when evaluating his subjective symptoms, but a claimant’s admission that he participates in daily activities for short durations does not necessarily disqualify him from a disability.

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

Johnson v. Colvin · filed 2014-07-09(b)

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. See 42 U.S.C. §§ 423(d)(5)(A), 1382c(a)(3)(A); 20 C.F.R. § 404.1529(b), 416.929; SSR 96-7p.

Section 404.1529 requires a two-step evaluation of subjective symptoms: determine whether a medically determinable impairment could reasonably produce them, then assess their intensity, persistence, and functional limitations against the record.

Greek v. Colvin · filed 2014-08-14(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. Brownell v. Comm’r of Soc. Sec., No. L05-CV-0588 (NPM/VEB), 2009 WL 5214948, at *3 (N.D.N.Y. Dec. 28, 2009). 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 a two-step evaluation of subjective symptoms: verify an underlying condition and then assess whether it could produce the alleged symptoms or whether objective evidence verifies their severity.

Moran v. Commissioner of Social Security · filed 2014-08-22

The social security regulations establish a two-step process for evaluating subjective symptoms, including pain. 20 C.F.R. § 404.1529; SSR 96-7p, 1996 WL 374186, at *2. The ALJ evaluates complaints of disabling pain by confirming that objective medical evidence of the underlying condition exists. The ALJ then determines whether that condition could reasonably be expected to produce the alleged pain or whether other objective evidence verifies the severity of the pain.

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

McMahon v. Commissioner, Social Security Administration · filed 2014-09-24(a), (b)

If the ALJ determined that the claimant has a medically determinable impairment that could reasonably be expected to produce the pain or other symptoms, then the ALJ evaluates the extent to which the intensity and persistence of those symptoms limit her ability to work. 20 C.F.R. § 404.1529(b). At this stage, the ALJ considers the claimant’s history, the medical signs and laboratory findings, the claimant’s statements, statements by treating and non-treating physicians, and other evidence of how the pain affects the claimant’s daily activities and ability to work. Id. § 404.1529(a). ... Here, the ALJ properly applied the pain standard, found that McMahon had medically determinable impairments (apart from her alcohol dependence) that could reasonably be expected to produce the alleged symptoms (primarily panic attacks and an inability to concentrate), but did not credit McMahon’s statements about the intensity and persistence of those symptoms. Further, the ALJ articulated specific reasons for discrediting McMahon’s statements regarding the intensity, persistence, and limiting effects of her symptoms, explaining that: (1) McMahon provided minimal evidence regarding her disability; (2) up until September 30, 1997, the record showed that McMahon had problems, but those problems were all related to her alcoholism; (3) McMahon not only attended college during this time period, but also graduated from college; and (4) there was no evidence to corroborate McMahon’s alleged panic attacks. The ALJ properly discredited McMahon’s subjective symptom testimony, and that credibility finding is supported by substantial evidence.

Section 404.1529(a) requires medical findings of a condition that could reasonably be expected to produce the alleged symptoms; subjective symptoms alone do not establish disability.

Scholtisek v. Colvin · filed 2015-06-22(a)

The Social Security regulations have long recognized that subjective symp-tomology is not, standing alone, sufficient to establish the existence of a disability. ... A plaintiff must also provide medical findings that show the existence of a medical condition that could reasonably be expected to produce the alleged symptoms and that, when considered with all other evidence, demonstrates that she is disabled.

Section 404.1529 governs evaluation of subjective pain or symptom testimony, including a threshold showing of an impairment reasonably expected to produce the alleged symptoms.

Peterson v. Commissioner Social Security Administration · filed 2015-08-17

To determine whether a. claimant’s testimony regarding subjectivé pain or symptoms is credible, an ALJ must perform two stages of analysis. 20 C.F.R. §§ 404.1529, 416.929; The first stage is a threshold test in which-the* claimant must produce objective medical evidence of an underlying impairment that could reasonably be expected to produce the symptoms alleged.

Section 404.1529 requires considering treatment other than medication and measures used to relieve pain or other symptoms when evaluating a claimant's symptoms, although this court declined to require those additional factors under Eighth Circuit precedent.

Amerson v. Social Security Administration Commissioner · filed 2017-10-31

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.).” However, under Polaski and its progeny, the Eighth Circuit has not yet required the analysis of these additional factors. ... Thus, this Court will not require the analysis of these additional factors in this case.

Section 404.1529 requires considering treatment other than medication and measures used to relieve pain or other symptoms when evaluating a claimant's symptoms, although this court declined to require those additional factors under Eighth Circuit precedent.

Buckley v. Social Security Administration Commissioner · filed 2017-11-02

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.).” However, under Polaski and its progeny, the Eighth Circuit has not yet required the analysis of these additional factors. ... Thus, this Court will not require the analysis of these additional factors in this case.

Section 404.1529(a) does not require an ALJ to accept a claimant's subjective statements without additional proof in the record.

Perry v. Comm'r of Soc. Sec. · filed 2018-06-04(a)

The ALJ was not required to accept her subjective statements absent additional proof in the record. See 20 C.F.R. § 404.1529(a).

Section 404.1529(c) requires an ALJ evaluating a claimant’s symptoms to consider specified factors and give specific reasons; it bars rejecting symptoms solely for lack of objective support and requires consideration of explanations for infrequent treatment before drawing a negative inference.

House v. Berryhill · filed 2018-06-18(c)

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.” Villano, 556 F.3d at 562 (citations omitted); see 20 C.F.R. § 404.1529(c); SSR 96-7p; SSR 16-3p. ... 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)). ... Third, the ALJ improperly evaluated Plaintiff’s lack of treatment. While the regulations direct ALJs to consider treatment history when assessing the severity of a claimant’s symptoms, 20 C.F.R. § 404.1529(c)(3)(v), an ALJ must not draw negative inferences about a failure to obtain treatment “without first considering any explanations that the individual may provide, or other information in the case record, that may explain infrequent or irregular medical visits or failure to seek medical treatment.” ... The ALJ erred by not considering or addressing these reasonable explanations in his decision before discounting Plaintiff’s allegations.

Section 404.1529(c) requires an ALJ evaluating a claimant’s subjective symptoms to consider factors including daily activities, pain or symptoms, aggravating factors, medication, treatment, and limitations, and to give specific reasons for the finding.

Abu Zant v. Berryhill · filed 2018-07-11(c)

“an ALJ must consider several factors, including the claimant’s daily activities, [his] level of pain or symptoms, aggravating factors, medication, treatment, and limitations, and justify the finding with specific reasons.”

Section 404.1529 requires an ALJ evaluating a claimant’s symptoms to consider specified factors and give specific reasons, and bars rejecting symptom testimony solely for lack of objective medical evidence.

Jones v. Berryhill · filed 2018-08-10(c), (c)(2)

In evaluating the claimant's subjective symptoms, “an ALJ must consider several factors, including the claimant's daily activities, [his] level of pain or symptoms, aggravating factors, medication, treatment, and limitations, and justify the finding with specific reasons.” Villano, 556 F.3d at 562 (citations omitted); see 20 C.F.R. § 404.1529(c); SSR 16-3p. 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)); see 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(c) requires an ALJ evaluating a claimant's symptoms to consider relevant factors and evidence, including daily activities, pain, aggravating factors, medication, treatment, and limitations, and to explain the reasons for the evaluation.

Astudillo v. Berryhill · filed 2018-08-21(c)

In evaluating a 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.” Villano, 556 F.3d at 562 (citations omitted); see 20 C.F.R. § 404.1529(c); Social Security Ruling (“SSR”)2 16-3p.

Section 404.1529(c)(4) requires evaluating a claimant’s statements about symptoms in relation to both objective medical evidence and other evidence.

Kaeder v. Berryhill · filed 2018-09-07(c)(4)

An ALJ is required to evaluate a claimant’s statements about her symptoms “in relation to the objective medical evidence and other evidence.” 20 C.F.R. § 404.1529(c)(4) (emphasis added). The ALJ did not do so here.

Section 404.1529(c) requires an ALJ to first determine whether a medically determinable impairment could reasonably produce the claimant’s symptoms and then evaluate their intensity, persistence, and limiting effects on functioning.

Smith v. Colvin · filed 2018-09-28(c)

The ALJ must follow a two-step process in considering a claimant’s symptoms. ... Second, once the claimant shows that, the ALJ must evaluate the intensity, persistence, and limiting effects of the claimant’s symptoms to determine the extent to which they limit the claimant’s functioning. See 20 C.F.R. § 404.1529(c). ... It was error for the ALJ to not follow the two-step process in considering the effects of Smith’s other ailments. See Curvin v. Colvin, 778 F.3d 645, 650 (7th Cir. 2015).

Section 404.1529(c)(3) directs the ALJ to consider listed factors when evaluating a claimant's subjective symptoms, and subsection (c)(4) requires considering those factors alongside the other evidence in the record.

Underwood v. Social Security Administration, Commissioner · filed 2018-10-26(c)(3), (c)(4)

In evaluating a claimant’s testimony, the ALJ should consider: (1) the claimant’s daily activities; (2) the “location, duration, frequency, and intensity” of the claimant’s symptoms; (3) “[p]recipitating and aggravating factors”; (4) the effectiveness and side effects of any medications; and (5) treatment or other measures taken by the claimant to alleviate symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). The ALJ is to consider these factors in light of the other evidence in the record. 20 C.F.R. §§ 404.1529(c)(4), 416.929(c)(4).

Section 404.1529(c)(1) requires an ALJ first to determine whether a medically determinable impairment could reasonably be expected to produce the claimant's symptoms, then to evaluate their intensity and persistence using the available evidence.

Ecklund v. Comm'r of Soc. Sec. · filed 2018-11-13(c)(1)

In assessing the credibility of a claimant's subjective complaints, the Commissioner's regulations require ALJs to employ a two-step inquiry. ... "First, the ALJ must determine whether the claimant suffers from a 'medically determinable impairment[ ] that could reasonably be expected to produce' " her symptoms. ... "Second, the ALJ must evaluate the intensity and persistence of those symptoms considering all of the available evidence; and, to the extent that the claimant's [subjective] contentions are not substantiated by the objective medical evidence, the ALJ must engage in a credibility inquiry."

Section 404.1529(a) requires an ALJ to consider a claimant’s symptom statements, while subsection (c) requires consideration of available evidence, including objective medical evidence, to assess whether the statements are consistent with the record.

Kem v. Berryhill · filed 2018-12-11(a), (c)

In determining whether a claimant is disabled, the ALJ must consider statements or reports from the claimant regarding their symptoms and functional limitations. 20 C.F.R. § 404.1529(a); 416.929(a). However, a claimant’s subjective description of symptoms alone cannot establish disability; the ALJ must also consider any other available evidence, including 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 requires an ALJ to determine whether a medically determinable impairment could reasonably be expected to produce the alleged symptoms and then evaluate the symptoms' intensity and persistence using the available evidence.

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

In assessing the credibility of a claimant's subjective complaints, the Commissioner's regulations require ALJs to employ a two-step inquiry. ... "First, the ALJ must determine whether the claimant suffers from a 'medically determinable impairment[ ] that could reasonably be expected to produce' " her symptoms. ... "Second, the ALJ must evaluate the intensity and persistence of those symptoms considering all of the available evidence; and, to the extent that the claimant's [subjective] contentions are not substantiated by the objective medical evidence, the ALJ must engage in a credibility inquiry." ... In this case, the ALJ applied the two-step inquiry. ... Accordingly, the ALJ's credibility assessment complied with the regulations, and it is clear to the Court why the ALJ found Plaintiff's subjective complaints regarding her inability to work not fully credible.

Section 404.1529 identifies treatment beyond medication and measures used to relieve pain or symptoms as additional factors in evaluating a claimant's symptoms, but the Eighth Circuit had not required their analysis under Polaski.

Bennett v. Social Security Administration Commissioner · filed 2018-12-20

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.).” However, under Polaski and its progeny, the Eighth Circuit has not yet required the analysis of these additional factors. ... Thus, this Court will not require the analysis of these additional factors in this case.

Section 404.1529 identifies treatment beyond medication and measures used to relieve pain or symptoms as additional factors in evaluating a claimant's symptoms, but the Eighth Circuit had not required their analysis under Polaski.

Maxfield v. Social Security Administration Commissioner · filed 2019-01-11

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.).” However, under Polaski and its progeny, the Eighth Circuit has not yet required the analysis of these additional factors. See Shultz v. Astrue, 479 F.3d 979, 983 (2007). Thus, this Court will not require the analysis of these additional factors in this case.

Section 404.1529(c)(3)(v)-(vi) requires an ALJ to consider treatment other than medication and measures used to relieve pain or other symptoms, although this court declined to require those factors under Eighth Circuit precedent.

Mize v. Social Security Administration Commissioner · filed 2019-01-23(c)(3)(v)-(vi)

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.).” However, under Polaski and its progeny, the Eighth Circuit has not yet required the analysis of these additional factors. See Shultz v. Astrue, 479 F.3d 979, 983 (2007). Thus, this Court will not require the analysis of these additional factors in this case.

Section 404.1529 identifies treatment other than medication and measures used to relieve pain or symptoms as factors in evaluating subjective complaints, although this court did not require analysis of those additional factors under Eighth Circuit precedent.

Hamilton v. Social Security Administration Commissioner · filed 2019-02-28

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.).” However, under Polaski and its progeny, the Eighth Circuit has not yet required the analysis of these additional factors. ... Thus, this Court will not require the analysis of these additional factors in this case.

Section 404.1529 requires considering treatment other than medication and measures used to relieve pain or symptoms when evaluating a claimant’s subjective complaints, although the court declined to require those additional factors under controlling Eighth Circuit precedent.

Wilchie v. Social Security Administration Commissioner · filed 2019-03-04

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.).” However, under Polaski and its progeny, the Eighth Circuit has not yet required the analysis of these additional factors. See Shultz v. Astrue, 479 F.3d 979, 983 (2007). Thus, this Court will not require the analysis of these additional factors in this case.

Section 404.1529(c)(3) identifies factors the ALJ must consider when evaluating the intensity, persistence, and functionally limiting effects of symptoms, including daily activities, symptom characteristics, work history, and treatment.

Ryan v. Berryhill · filed 2019-03-08(c)(3)

SSR 16-3p incorporates the regulations, 20 C.F.R. §§ 404.1529(c)(3) and 416.929(c)(3), which identify factors to be considered in evaluating the intensity, persistence and functionally-limiting effects of the symptoms, including a claimant’s daily activities; the nature, duration, frequency and intensity of her symptoms; precipitating and aggravating factors; prior work record; and the type of medication and other treatment or measures used for the relief of pain and other symptoms. ... An ALJ’s decision “must contain specific reasons for the weight given to the individual’s symptoms, be consistent, and supported by the evidence, and be clearly articulated so the individual and any subsequent reviewer can assess how the adjudicator evaluated the individual’s symptoms.” ... However, an ALJ need not explicitly discuss each factor. See Goff, 421 F.3d at 791.

Section 404.1529 requires an ALJ evaluating a claimant’s subjective symptoms to consider relevant factors beyond objective medical evidence, including the claimant’s prior work record.

Tuttle v. Berryhill · filed 2019-03-18

The ALJ cited to 20 C.F.R. § 404.1529, which sets forth factors similar to those in Polaski and SSR 16-3p, including a claimant’s prior work record, but the ALJ did not specifically mention or discuss Plaintiff’s prior work record. ... Ordinarily, an ALJ’s omission of this (or any) factor, alone, would not constitute grounds for remand. But here, where the ALJ did not address at step four any factor other than the objective medical evidence in his evaluation of Plaintiff’s statements, the Court believes that the ALJ’s failure to consider Plaintiff’s prior work record warrants remand.

Section 404.1529(a) requires an ALJ evaluating a claimant’s pain to consider third-party statements about the claimant’s symptoms.

Nygaard v. Berryhill · filed 2019-03-30(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) requires an ALJ to evaluate subjective symptoms using relevant factors and specific reasons, and subsection (c)(2) bars rejecting testimony solely for lack of objective medical evidence.

Hurwith, Jr. v. Berryhill · filed 2019-04-24(c)

When evaluating a 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 also may not discredit a claimant's testimony about his symptoms “solely because there is no objective medical evidence supporting it.”

Subsection (c) requires consideration of a variety of factors when evaluating a claimant's symptoms.

Bingaman v. Berryhill · filed 2019-05-22(c)

The undersigned finds the ALJ performed a proper symptom evaluation in which he considered a variety of factors required by 20 C.F.R. § 404.1529(c) and substantial evidence supports his findings. See (Tr. 17-22).

Section 404.1529(c)(3) requires an ALJ evaluating pain to consider factors including the claimant’s statements, the pain’s characteristics and triggers, medication and side effects, other treatment, functional restrictions, and daily activities.

Dianne D. v. Berryhill · filed 2019-06-19(c)(3)

The ALJ must consider all of a claimant’s statements about symptoms, including pain, and determine the extent to which the symptoms can reasonably be accepted as consistent with the objective medical evidence. SSR 16-3p, 2017 WL 4790249, at *49462; 20 C.F.R. § 404.1529(c)(3). In determining whether the medical signs and laboratory findings show medical impairments that reasonably could be expected to produce the pain alleged, the ALJ must consider the following: 1. The nature, location, onset, duration, frequency, radiation, and intensity of any pain; 2. Precipitating and aggravating factors (e.g., movement, activity, environmental conditions); 3. Type, dosage, effectiveness, and adverse side-effects of any pain medication; 4. Treatment, other than medication, for relief of pain; 5. Functional restrictions; and 6. The claimant’s daily activities.

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

Wright v. Berryhill · filed 2019-07-01(c)(2)

“According to the regulations, the ALJ ‘will not reject [a claimant’s] statements about the intensity and persistence of [his] pain or other symptoms or about the effect [the claimant’s] symptoms have on [his] ability to work solely because the available objective medical evidence does not substantiate [the claimant’s] statements.’”

Section 404.1529(c)(4) requires consideration of a claimant's symptom statements together with objective medical evidence, laboratory findings, and statements from treating or nontreating sources about how the symptoms affect disability.

Lewis v. Saul · filed 2019-07-09(c)(4)

The ALJ must consider “all evidence, including subjective statements about the intensity, persistence, and functionally limiting effects of pain [as well as] the objective medical evidence, laboratory findings and statements from treating or nontreating sources about how the symptoms affect the claimant in deciding the issue of disability.” Jarrell v. Comm’r of Soc. Sec., 433 F. App’x 812, 814 (11th Cir. 2011) (citing 20 C.F.R. § 404.1529(c)(4)).

Section 404.1529 requires an ALJ to evaluate subjective symptoms using the entire record, including objective evidence and Polaski-type factors, but not reject complaints solely because objective evidence does not fully support them.

Dixon v. Berryhill · filed 2019-07-19

If an ALJ conducts her analysis under 20 C.F.R. §§ 404.1529 or 416.929, she need not expressly cite the Polaski factors because the regulations mirror those factors. Vance, 860 F.3d at 1120. Although an ALJ must consider objective evidence, an ALJ may not discount “a claimant’s subjective complaints solely because the objective medical evidence does not fully support them.” Renstrom v. Astrue, 680 F.3d 1057, 1066 (8th Cir. 2012) (emphasis added) (quoting Wiese v. Astrue, 552 F.3d 728, 733 (8th Cir. 2009)). ... Here, the ALJ conducted her analysis under §§ 404.1529 and 416.929 and determined inconsistencies between Dixon’s complaints and the record undermined Dixon’s persuasiveness. This determination was sound and supported by substantial evidence.

Section 404.1529 permits an ALJ to evaluate a claimant’s statements about symptoms against the record as a whole rather than accepting them automatically.

Wright v. Berryhill · filed 2019-07-22

However, an ALJ is not required to adopt a claimant’s assertions about his limitations, but rather evaluates such claims based on the record as a whole. See 20 C.F.R. §§ 404.1529, 416.929; SSR 16-3P, 2017 WL 5180304, at *9.

Section 404.1529(c)(3) allows an ALJ evaluating a claimant’s symptoms to consider daily-living activities and treatment effectiveness, including surgery.

Green v. Saul · filed 2019-07-23(c)(3)(i), (c)(3)(iv)

ALJs are tasked with reviewing the evidence provided and assessing whether a claimant is exaggerating the effects of her impairments, and reviewing daily-living activities is an important part of that evaluation. See 20 C.F.R. § 404.1529(c)(3)(i); Alvarado v. Colvin, 836 F.3d 744, 750 (7th Cir. 2016); Pepper v. Colvin, 712 F.3d 351, 369 (7th Cir. 2013) (agreeing with ALJ’s reasoning that claimant’s daily activities undermined testimony about severity of symptoms). ... And an ALJ is permitted to consider the effectiveness of treatment, including surgery, in making his credibility determination. See 20 C.F.R. § 404.1529(c)(3)(iv); Lambert v. Berryhill, 896 F.3d 768, 777 (7th Cir. 2018).

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

Millard v. Kijakazi · filed 2019-06-17(c)(3)

When evaluating a claimant’s subjective complaints, an ALJ considers (1) “the claimant’s daily activities”; (2) “the duration, frequency, and intensity of [her] pain”; (3) “precipitating and aggravating factors”; (4) “dosage, effectiveness, and side effects of medication”; and (5) any “functional restrictions.” Polaski, 739 F.2d at 1322; accord 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 requires an ALJ first to determine whether objective evidence shows an impairment that could reasonably produce the alleged symptoms, then to assess how the symptoms limit work capacity using all available evidence.

Bonner v. Berryhill · filed 2019-07-30(a)-(c)

In determining a claimant’s RFC, the ALJ must evaluate the claimant’s subjective symptoms using a two-part test. ... First, the ALJ must determine whether objective evidence shows the existence of a medical impairment that could reasonably be expected to produce the alleged symptoms. 20 C.F.R. §§ 404.1529(b), 416.929(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), 416.929(c). At this second stage, the ALJ must consider all available evidence, including medical history, objective medical evidence, and statements by the claimant. Id. ... After careful consideration of the ALJ’s decision, I conclude that the ALJ properly evaluated Latoya B.’s statements concerning the intensity, persistence, and limiting effects of her symptoms. ... In considering the entire record, and given the evidence outlined above, I find the ALJ’s evaluation of Plaintiff’s subjective complaints was supported by substantial evidence.

Section 404.1529 requires an ALJ to determine whether a medically determinable impairment could reasonably be expected to produce the claimant’s symptoms, then assess their intensity, persistence, and limiting effects using the entire record and relevant factors.

Partin v. SSA · filed 2019-07-31(a)-(c)

ALJs use a two-part analysis in evaluating complaints of disabling symptoms: (1) the ALJ will ask whether there is an underlying, medically determinable, physical impairment that could reasonably be expected to produce the claimant’s symptoms; and (2) if the ALJ finds that such an impairment exists, he must evaluate the intensity, persistence, and limiting effects of the symptoms on the individual's ability to do basic work activities. 20 C.F.R. § 404.1529; Rogers v. Comm'r of Soc. Sec., 486 F.3d 234, 247 (6th Cir. 2007). In evaluating a claimant’s severity of symptoms, relevant factors include: (i) the individual’s daily activities; (ii) the location, duration, frequency, and intensity of the pain; (iii) factors that precipitate and aggravate symptoms; (iv) the type, dosage, effectiveness, and side effects of medication; (v) the treatment the individual receives or has received for relief; (vi) any other measures the individual has used to relieve pain; and (vii) any other factors concerning the individual’s functional limitations. 20 C.F.R. § 404.1529(c)(3)(i)-(vii). “Whenever a claimant's complaints regarding symptoms, or their intensity and persistence, are not supported by objective medical evidence, the ALJ must make a determination of the credibility of the claimant in connection with his or her complaints based on a consideration of the entire case record,” including medical signs and laboratory findings, the claimant’s own complaints of symptoms, any information provided by treating physicians and others, statements by persons familiar with how the claimant’s symptoms may affect her daily life, and any other relevant evidence contained in the record. Rogers, 486 F.3d at 247; 20 C.F.R. § 404.1529(c)(4). An ALJ is required to evaluate the claimant’s symptoms and diminish her capacity for basic work activities to the extent that her alleged functional limitations and restrictions due to her symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence. 20 C.F.R. § 404.1529.

Section 404.1529(c) permits an ALJ to discount a claimant's subjective symptom testimony when the record as a whole and contradictions in the evidence provide valid reasons to do so.

Sandoval v. Commissioner, Social Security Administration · filed 2019-08-02(c)

Rather [the ALJ] looked at the record as a whole, credited the fact that she has back problems that are severe, credited the fact that those severe problems caused pain and some limitation, and ultimately, in light of some contradictions in the evidence, decided not to credit her testimony that the symptoms made her unable to work. These are valid reasons for an ALJ to discount a claimant’s testimony. 20 C.F.R. § 404.1529(c). ... However, these additional medical records do nothing to conclude any differently than Judge Jackson did in his Order.

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

Wade v. Social Security Administration, Commissioner · filed 2019-08-06(c)(3)

Additionally, in evaluating a claimant’s reported symptoms, an ALJ must consider the following factors: (i) [the claimant’s] daily activities; (ii) [t]he location, duration, frequency, and intensity of [the claimant’s] pain or other symptoms; (iii) [p]recipitating and aggravating factors; (iv) [t]he type, dosage, effectiveness, and side effects of any medication [the claimant] take[s] or ha[s] taken to alleviate . . . pain or other symptoms; (v) [t]reatment, other than medication, [the claimant] receive[s] or ha[s] received for relief of . . . pain or other symptoms; (vi) [a]ny measures [the claimant] use[s] or ha[s] used to relieve . . . pain or other symptoms (e.g., lying flat on your back, standing for 15 to 20 minutes every hour, sleeping on a board, etc.); and (vii) [o]ther factors concerning [the claimant’s] functional limitations and restrictions due to pain or other symptoms.

Section 404.1529(c)(1) requires an ALJ to evaluate the intensity and persistence of a claimant’s symptoms to determine how they limit the claimant’s capacity for work.

Jarrett v. Commissioner of Social Security Administration · filed 2019-08-12(c)(1)

First, the ALJ must determine if there is an underlying medically determinable physical or mental impairment that could reasonably be expected to produce a claimant’s symptoms. Second, the ALJ "must evaluate the intensity and persistence of [the claimant’s] symptoms so that [the ALJ] can determine how [those] symptoms limit [the claimant’s] capacity for work." 20 C.F.R. § 404.1529(c)(1).

Section 404.1529(b) requires an ALJ to determine whether a medically determinable impairment could reasonably be expected to cause the claimant’s symptoms before evaluating the symptoms’ severity and limiting effects.

Oliverson v. Commissioner of Social Security · filed 2019-08-13(b)

A determination of whether to accept a claimant’s subjective symptom testimony requires a two-step analysis. 20 C.F.R. §§404.1529, 416.929; Smolenv. Charter,80 F.3d 1273, 1281(9th Cir. 1996). First, the ALJ must determine whether there is a medically determinable impairment that reasonably could be expected to cause the claimant’s symptoms. 20 C.F.R. §§ 404.1529(b), 416.929(b); Smolen, 80 F.3d at 1281-82.

Section 404.1529 allows an ALJ evaluating a claimant’s symptoms to consider objective medical evidence, course of treatment, and daily activities as indicators of symptom intensity, persistence, and functional effects.

Magdziak v. Berryhill · filed 2019-08-14(c)(2), (c)(3)(i), (c)(3)(v)

Objective medical evidence “is a useful indicator” to assist in making “reasonable conclusions” about the intensity and persistence of symptoms and the effect of those symptoms on an individual’s ability to work. See 20 C.F.R. § 404.1529(c)(2). ... See 20 C.F.R. § 404.1529(c)(3)(v) (course of treatment is properly considered when evaluating symptoms). ... The ALJ also noted that plaintiff’s daily activities were not consistent with the level of impairment alleged. Specifically, the ALJ noted that plaintiff exercised 2 to 3 days a week despite his fear of germs, looked for work, prepared some meals, drove a car, was able to go out alone, shopped in stores, and went to grocery and Walmart-type stores on a regular basis despite his allegations that he was uncomfortable around others. (AR 28.) See 20 C.F.R. 404.1529(c)(3)(i). The Court finds that this reason also constituted a legally sufficient reason on which the ALJ could properly rely in support of his adverse credibility determination.

Section 404.1529 requires an ALJ evaluating subjective symptoms to consider the specified factors, and a bare conclusion that the claimant's statements conflict with objective evidence is insufficient.

Thompson v. Commissioner of Social Security · filed 2019-08-20(c)(3)

The ALJ stated that in assessing Plaintiff’s subjective allegations, he “must consider” the factors set out in the Regulations. Tr. at 15 (citing 20 C.F.R. §§ 404.1529, 416.929). Upon review of the Decision, however, it is unclear whether the ALJ actually considered these factors. The ALJ merely concluded that Plaintiff’s statements are inconsistent with the objective medical evidence without any explanation. See Tr. at 16. Like the ALJ’s evaluation of Dr. Pulido’s opinions, see supra p. 11, the ALJ’s analysis of Plaintiff’s subjective symptoms was erroneous because the ALJ failed to explain how the objective evidence is inconsistent with Plaintiff’s subjective symptoms.

Section 404.1529(c)(3) requires an ALJ to use a two-step process to evaluate alleged symptoms and, together with § 404.1529(c)(4), requires the ALJ to consider the listed factors and address available evidence of them.

Smith v. Commissioner of Social Security · filed 2019-08-20(c)(3), (c)(4)

Even with a complete record, when a claimant’s testimony and the medical evidence conflict, the ALJ must employ a two-step evaluation to assess the reliability of the claimant’s testimony. See 20 C.F.R. § 404.1529(c)(3)(2011); SSR 96-7p, 1996 WL 374186 (July 2, 1996)(“ An individual's statements about the intensity and persistence of pain or other symptoms or about the effect the symptoms have on his or her ability to work may not be disregarded solely because they are not substantiated by objective medical evidence.”); Meadors v. Astrue, 370 F. App’x 179, 183 (2d Cir. 2010). First, the ALJ must determine if the claimant has an underlying impairment that could cause the alleged symptoms. 20 C.F.R. § 404.1529(c)(3). If so, then “the ALJ must evaluate the intensity and persistence of those symptoms considering all of the available evidence; and, to the extent that the claimant’s [subjective symptom] contentions are not substantiated by the objective medical evidence, the ALJ must engage in a credibility inquiry.” Meadors, 370 F. App’x at 183; see also 20 C.F.R. § 404.1529(c)(3); SSR 96-7p. The ALJ may consider subjective symptoms when determining a claimant’s RFC and credibility if there are some objective medical findings to support the allegations. Cichocki, 534 F. App’x at 74-75; see also Meadors, 370 F. App’x at 183; Snell, 177 F.3d at 135. When evaluating an individual’s symptoms, the ALJ must consider the following seven factors: (i) [The claimant’s] daily activities; (ii) The location, duration, frequency, and intensity of [the claimant’s] pain or other symptoms; (iii) Precipitating and aggravating factors; (iv) The type, dosage, effectiveness, and side effects of any medication [the claimant] take[s] or ha[s] taken to alleviate [the claimant’s] pain or other symptoms; (v) Treatment, other than medication, [the claimant] receive[s] or ha[s] received for relief of [the claimant’s] pain or other symptoms; (vi) Any measures [the claimant] use[s] or ha[s] used to relieve [the claimant’s] pain or other symptoms . . . ; and (vii) Other factors concerning [the claimant’s] functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529(c)(3)(i-vii). The ALJ shall address evidence of those factors to the extent available. 20 C.F.R. § 404.1529(c)(4); Meadors, 370 F. App’x at 183.

Section 404.1529 directs evaluation of subjective symptoms using factors including daily activities, symptom characteristics, medication, treatment, and other functional limitations.

Hart v. Commissioner of Social Security · filed 2019-08-28(c)(3)

The ALJ’s evaluation of a claimant’s subjective symptoms should be guided by the following relevant factors: (1) daily activities; (2) location, duration, frequency, and intensity of the claimant’s symptoms; (3) precipitating and aggravating factors; (4) type, dosage, effectiveness, and side effects of any medication the claimant takes to alleviate his symptoms; (5) treatment received and measures used, other than medication, for the relief of symptoms; and (6) any other factors concerning the functional limitations and restrictions due to the claimant’s symptoms. See 20 C.F.R. §§ 404.1529, 416.929; SSR 96-7p.

Section 404.1529 requires an ALJ to first determine whether a medically determinable impairment could reasonably be expected to produce the alleged symptoms and then assess their intensity, persistence, and work-related limitations using specified factors.

Nelson v. Commissioner of Social Security · filed 2019-09-04(c)(1), (c)(3)

As both Plaintiff and the Commissioner indicate, the applicable regulation governing the evaluation of subjective complaints is 20 C.F.R. § 404.1529. Pursuant to the first step of this ruling and the applicable regulation, the ALJ determines whether the claimant has a medically determinable impairment that could reasonably be expected to produce the claimant’s alleged symptoms. SSR 16-3p; 20 C.F.R. § 404.1529. For the second step, the ALJ evaluates the “intensity and persistence” of the claimant’s symptoms and determines the extent to which the symptoms limit the claimant’s ability to perform work-related activities. The ALJ should consider the following factors: 1) daily activities; 2) location, duration, frequency, and intensity of 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 to relieve 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.

Section 404.1529(a) requires consideration of all evidence about the intensity, persistence, and functionally limiting effects of pain or other symptoms, in addition to medical signs and laboratory findings, after a medically determinable impairment could reasonably be expected to produce the symptoms.

Lipscomb v. Commissioner of Social Security · filed 2019-09-05(a)

Once a claimant establishes that her pain is disabling through objective medical evidence from an acceptable medical source that shows a medical impairment that could reasonably be expected to produce the pain or other symptoms, pursuant to 20 C.F.R. §§ 404.1529(a), 416.929(a), “all evidence about the intensity, persistence, and functionally limiting effects of pain or other symptoms must be considered in addition to the medical signs and laboratory findings in deciding the issue of disability,” Foote, 67 F.3d at 1561; see also SSR 16-3p3 (stating that after the ALJ finds a medically determinable impairment exists, the ALJ must analyze “the intensity, persistence, and limiting effects of the individual’s symptoms” to determine “the extent to which an individual’s symptoms limit his or her ability to perform work-related activities”). ... Based on the foregoing, the ALJ’s credibility determination is not supported by substantial evidence.

Section 404.1529 requires an ALJ to determine which alleged symptoms are medically determinable and then evaluate their intensity, persistence, and functional limitations when assessing a claimant’s ability to work.

Bruno, IV v. Commissioner of Social Security · filed 2019-09-05

The ALJ goes through a two-step process when incorporating a plaintiff’s subjective symptoms into the RFC. 20 C.F.R. § 404.1529. Initially, the ALJ determines which symptoms are medically determinable. 20 C.F.R. § 404.1529(d)(1). Next, the ALJ evaluates the intensity, persistence, and functionally limiting effects of those medically determinable symptoms on the plaintiff’s ability to perform work-related activities. 20 C.F.R. § 404.1545(e).

Section 404.1529 requires an ALJ first to determine whether a medically determinable impairment could reasonably produce the alleged symptoms and then to evaluate how those symptoms limit the claimant using all available evidence.

Mazyck v. Commissioner of Social Security Administration · filed 2019-09-11

An ALJ is to evaluate a claimant’s subjective symptoms using a two-part test. Craig v. Chater, 76 F.3d 589, 594 (4th Cir. 1996); 20 C.F.R. § 404.1529 (effective June 13, 2011 to March 26, 2017). First, the ALJ must determine whether objective evidence shows the existence of a medical impairment that could reasonably be expected to produce the alleged symptoms. 20 C.F.R. § 404.1529(b). Once the claimant makes that threshold showing, the ALJ must then evaluate the extent to which the symptoms limit the claimant’s capacity to work. 20 C.F.R. § 404.1529(c)(1).

Section 404.1529(c) requires an administrative law judge to consider a claimant's subjective statements about symptoms but does not require accepting those statements as conclusive.

CORTESE v. COMMISSIONER OF SOCIAL SECURITY · filed 2019-09-11(c)

Social Security Administration regulations only direct Administrative Judge McAneney to consider subjective statements. She is not required to accept subjective statements as conclusive.

Section 404.1529(c)(3) requires an ALJ evaluating a claimant's subjective symptoms to consider the claimant's daily activities, the characteristics and intensity of symptoms, aggravating factors, medication side effects, and treatment or measures taken for relief.

Holmes v. Commissioner of Social Security · filed 2019-09-12(c)(3)

When evaluating a claimant’s subjective symptoms, the ALJ must consider such things as: (1) the claimant’s daily activities; (2) the nature, location, onset, duration, frequency, radiation, and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) adverse side-effects of medications; and (5) treatment or measures taken by the claimant for relief of symptoms.” Davis v. Astrue, 287 F. App’x 748, 760 (11th Cir. 2008) (unpublished) (citing 20 C.F.R. § 404.1529(c)(3)(i)-(vi)).

Section 404.1529(c)(3)(i)-(vi) requires an ALJ evaluating subjective symptoms to consider the claimant's daily activities, symptom characteristics, aggravating factors, medication side effects, and treatment or other measures taken for relief.

Patey v. Commissioner of Social Security · filed 2019-09-12(c)(3)(i)-(vi)

When evaluating a claimant’s subjective symptoms, the ALJ must consider such things as: (1) the claimant’s daily activities; (2) the nature, location, onset, duration, frequency, radiation, and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) adverse side-effects of medications; and (5) treatment or measures taken by the claimant for relief of symptoms.

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

Dixon v. Commissioner of Social Security · filed 2019-09-12(c)(3)

The ALJ must weigh the claimant’s subjective complaints, the relevant objective medical evidence, and any other evidence of the following factors: (i) The individual’s daily activities; (ii) Location, duration, frequency, and intensity of pain or other symptoms; (iii) Precipitating and aggravating factors; (iv) Type, dosage, effectiveness, and side effects of any medication; (v) Treatment, other than medication, for relief of pain or other symptoms; (vi) Other measures taken to relieve pain or other symptoms; (vii) Other factors concerning functional limitations due to pain or other symptoms. See 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(a) does not allow a claimant's statements about pain or other symptoms, standing alone, to establish disability, and requires the ALJ to disregard statements contradicted by medical signs, laboratory findings, or other evidence.

Loper v. Commissioner of Social Security Administration · filed 2019-09-17(a)

Regardless, her initial complaints lacked medical support. See 20 C.F.R. § 404.1529(a) (“[S]tatements about [] pain or other symptoms will not alone establish that [Plaintiff] [is] disabled.”). Although the ALJ must consider all of Plaintiff’s statements, she must ignore all those that contradict “the medical signs and laboratory findings and other evidence.” (Id.). Substantial evidence in Dr. Heiner’s and Dr. Schmitter’s reports (detailed above) reveal the success of Plaintiff’s left knee surgery. This directly conflicts with Plaintiff’s complaints, thus supporting the ALJ’s decision to disregard her complaints.

Section 404.1529 permits a disability claim based on pain or other symptoms to be established by subjective testimony supported by medical evidence, and requires evaluating the symptoms’ intensity, persistence, and effects on work using the specified factors.

Burnett v. Berryhill · filed 2019-09-18(a)-(c)

Plaintiff’s subjective complaints alone are insufficient to establish a disability. ... Subjective testimony of pain and other symptoms may establish the presence of a disabling impairment if it is supported by medical evidence. ... The Eleventh Circuit applies a three-part pain standard when Plaintiff claims disability due to pain or other subjective symptoms. ... If the first part of the pain standard is satisfied, the ALJ then evaluates the intensity and persistence of Plaintiff’s alleged symptoms and their effect on her ability to work. ... In evaluating the extent to which the plaintiff’s symptoms, such as pain, affect her capacity to perform basic work activities, the ALJ will consider (1) objective medical evidence, (2) the nature of a Plaintiff’s symptoms, (3) the Plaintiff’s daily activities, (4) precipitating and aggravating factors, (5) the effectiveness of medication, (6) treatment sought for relief of symptoms, (7) any measures the Plaintiff takes to relieve symptoms, and (8) any conflicts between a Plaintiff’s statements and the rest of the evidence.

Section 404.1529 requires an ALJ evaluating subjective symptoms to determine first whether a medically determinable impairment could reasonably be expected to produce them, and then evaluate their intensity and persistence using all available evidence.

Galley v. Commissioner of Social Security · filed 2019-09-20(c)(1)

In assessing the credibility of a claimant’s subjective complaints, the Commissioner’s regulations require ALJs to employ a two-step inquiry. ... “First, the ALJ must determine whether the claimant suffers from a ‘medically determinable impairment[ ] that could reasonably be expected to produce’” her symptoms. ... “Second, the ALJ must evaluate the intensity and persistence of those symptoms considering all of the available evidence; and, to the extent that the claimant’s [subjective] contentions are not substantiated by the objective medical evidence, the ALJ must engage in a credibility inquiry.”

Section 404.1529 requires an adjudicator to evaluate the intensity, persistence, and limiting effects of a claimant’s symptoms using the listed factors, rather than merely reciting those factors.

Hamill v. Commissioner of Social Security · filed 2019-09-23(c)

In discrediting Plaintiff’s subjective complaints, the ALJ stated that she had considered the subjective factors pursuant to SSR 16-3p, 20 C.F.R §§ 404.1529, 416.929, which she merely listed. (Id.) ... Here, the ALJ failed to provide adequate reasons for rejecting Plaintiff’s testimony regarding her pain. The ALJ’s failure to clearly articulate specific reasons for discounting Plaintiff’s testimony regarding the severity and limiting effects of her pain, or how her pain symptoms and the limiting effects thereof were inconsistent with the medical evidence, prevents the Court from determining whether the ALJ properly evaluated Plaintiff’s symptoms.

Section 404.1529(c)(3) requires an ALJ evaluating a claimant’s subjective symptoms to consider listed factors including daily activities, symptom characteristics, aggravating factors, medication side effects, and treatment or measures used for relief.

Burdge v. Commissioner of Social Security · filed 2019-09-23(c)(3)(i)-(vi)

“When evaluating a claimant’s subjective symptoms, the ALJ must consider such things as: (1) the claimant’s daily activities; (2) the nature, location, onset, duration, frequency, radiation, and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) adverse side-effects of medications; and (5) treatment or measures taken by the claimant for relief of symptoms.” Davis v. Astrue, 287 F. App’x 748, 760 (11th Cir. 2008) (unpublished) (citing 20 C.F.R. § 404.1529(c)(3)(i)-(vi)). To reject a claimant’s assertions of subjective symptoms, “explicit and adequate reasons” must be articulated by the ALJ. ... Moreover, it is unclear what the ALJ relied on to find that Plaintiff’s statements are “not entirely consistent” with the evidence of record. ... The ALJ did not articulate specifically any inconsistencies between Plaintiff’s subjective reports and the other evidence of record, leaving only the boilerplate finding regarding Plaintiff’s subjective symptoms.

Section 404.1529(c)(3) requires an ALJ evaluating a claimant's symptoms to consider all of the evidence and the specified factors, including daily activities, symptom characteristics, triggers, medication, treatment, symptom-relief measures, and other limitations.

Moore v. Commissioner of Social Security · filed 2019-09-23(c)(3)

In addressing Plaintiff’s subjective symptoms, the ALJ must consider all the evidence in the record. 20 C.F.R. § 404.1529(c)(3). Specifically, the ALJ is directed to consider the following factors: (i) daily activities; (ii) the location, duration, frequency, and intensity of the symptoms; (iii) precipitating and aggravating factors; (iv) the type, dosage, effectiveness, and side effects of any medication taken; (v) other treatment received for relief of symptoms; (vi) any measures used to alleviate symptoms; and (vii) other factors concerning limitations and restrictions due to symptoms 20 C.F.R. §§ 404.1529(c)(3)(i)-(vii).

Section 404.1529 requires the ALJ to determine whether a medically determinable impairment could cause the claimant’s symptoms and then evaluate the claimant’s testimony about their severity without rejecting it solely because it lacks objective medical support.

Jackson v. Commissioner of Social Security · filed 2019-09-24(b)

A determination of whether to accept a claimant’s subjective symptom testimony requires a two-step analysis. 20 C.F.R. §§ 404.1529, 416.929; Smolen v. Chater, 80 F.3d 1273, 1281 (9th Cir. 1996). First, the ALJ must determine whether there is a medically determinable impairment that reasonably could be expected to cause the claimant’s symptoms. 20 C.F.R. §§ 404.1529(b), 416.929(b); Smolen, 80 F.3d at 1281-82. Once a claimant produces medical evidence of an underlying impairment, the ALJ may not discredit the claimant’s testimony as to the severity of symptoms solely because they are unsupported by objective medical evidence. Bunnell v. Sullivan, 947 F.2d 341, 343 (9th Cir. 1991) (en banc); Reddick v. Chater, 157 F.3d 715, 722 (9th Cir. 1988). Absent affirmative evidence showing that the claimant is malingering, the ALJ must provide “clear and convincing” reasons for rejecting the claimant’s testimony. Burrell v. Colvin, 775 F.3d 1133, 1136-37 (9th Cir. 2014) (citing Molina, 674 F.3d at 1112). See also Lingenfelter v. Astrue, 504 F.3d 1028, 1036 (9th Cir. 2007).

Section 404.1529 requires that a claimant’s statements about pain or other symptoms be evaluated against objective medical evidence rather than treated as conclusive evidence of disability.

Rosenbaum v. Saul · filed 2019-09-24(a), (c)(2)

An individual’s statement as to his pain or other symptoms is not necessarily treated as conclusive evidence of disability. 42 U.S.C. § 423(d)(5)(A); 20 C.F.R. § 404.1529(a). The claimant must produce objective medical evidence of an underlying impairment or impairments that could reasonably be expected to produce some degree of symptom. Smolen v. Chater, 80 F.3d 1273, 1281-82 (9th Cir. 1996). An ALJ may discredit the claimant’s testimony about the severity of his symptoms by offering specific, clear and convincing reasons for doing so. Tommasetti v. Astrue, 533 F.3d 1035, 1039 (9th Cir. 2008). ... The ALJ found that the Plaintiff’s credibility regarding the disabling degree of his symptoms was undermined by the objective medical evidence. 20 C.F.R. § 404.1529(c)(2); Garza v. Astrue, 380 Fed. Appx. 672, 673 (9th Cir. 2010) (affirming the ALJ’s discrediting of the claimant’s testimony as to the severity of her leg pain where the claimant’s gait and sensory and motor exams were found to be normal).

Section 404.1529(b)-(c) requires an ALJ to first look for objective evidence of a condition that could produce the alleged symptoms and then assess the symptoms' intensity, persistence, and limiting effects.

Thomaselli v. Commissioner Of Social Security Administration · filed 2019-09-19(b)-(c)

The ALJ first “looks for objective medical evidence showing a condition that could reasonably produce the alleged symptoms” and then “evaluate[s] the intensity, persistence, and limiting effects of the claimant’s symptoms to determine the extent to which they limit the claimant’s ability to perform basic work activities.”

Section 404.1529(c)(3) requires an ALJ evaluating a claimant’s subjective statements about pain to apply a seven-factor test.

Andino v. Commissioner of Social Security · filed 2019-09-19(c)(3)

The relevant regulations set out a seven-factor test to evaluate a claimant’s own subjective statements regarding pain. ... These are: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication the claimant takes or has taken to alleviate her pain or other symptoms; (5) treatment, other than medication, the claimant receives or has received for relief of her pain or other symptoms; (6) any measures the claimant uses or has used to relieve her pain or other symptoms; and (7) other factors concerning the claimant’s functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 requires a two-step evaluation of subjective symptoms, beginning with whether a medically determinable impairment could reasonably be expected to cause them.

Cropsey v. Social Security · filed 2019-09-23(b)

The determination of whether or not to accept a claimant’s testimony regarding subjective symptoms requires a two-step analysis. 20 C.F.R. §§ 404.1529, 416.929; Smolen, 80 F.3d at 1281 (citations omitted). First, the ALJ must determine whether or not there is a medically determinable impairment that reasonably could be expected to cause the claimant’s symptoms. 20 C.F.R. §§ 404.1529(b), 416.929(b); Smolen, 80 F.3d at 1281-82.

Section 404.1529 requires an ALJ to first determine whether a medically determinable impairment could reasonably be expected to produce the alleged symptoms, then evaluate the symptoms’ limiting effects against the objective and other evidence using relevant factors.

Phillips Pagan v. Commissioner of the Social Security Administration · filed 2019-09-26

The evaluation of symptoms involves a two-step process. First, the ALJ must determine, based upon the objective medical evidence, whether the medical impairments “could reasonably be expected to produce the pain or other symptoms alleged....” 20 C.F.R. §§ 404.1529(a), (b); 416.929(a), (b). 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.’” Barry v. Colvin, 606 F. App’x 621, 623 (2d Cir. 2015) (citing inter alia 20 C.F.R. § 404.1529(a); Genier v. Astrue, 606 F.3d at 49) (alterations in original). ... Here, the ALJ was clearly aware of the requirements of and his obligations under SSR 16-3p, Tr. at pp. 24-25, and the Court finds no error in his evaluation of Plaintiff’s subjective complaints that would require remand.

Section 404.1529(a) provides that a claimant’s statements alone are insufficient to establish functional limitations or disability.

HIGHWART v. BERRYHILL · filed 2019-09-26(a)

The regulations, however, provide that a claimant’s statements alone are not sufficient to establish functional limitations or disability. See 20 C.F.R. §§ 404.1529(a), 416.929(a).

Section 404.1529 requires the SSA to evaluate the intensity, persistence, and limiting effects of a claimant’s symptoms using the medical and other evidence in the record.

Escandon v. SSA · filed 2019-09-27(c)(4)

In the instant case, the ALJ found Plaintiff’s medically determinable impairments could reasonably be expected to produce the alleged symptoms. [Tr. 35]. However, the ALJ further found that Plaintiff’s statements concerning the intensity, persistence, and limiting effects of her symptoms are inconsistent with the medical evidence and other evidence in the record. [Tr. 35]; see also 20 C.F.R. § 404.1529(c)(4). The ALJ’s finding is supported by substantial evidence in the record.

Section 404.1529(c)(3) requires consideration of relevant factors when evaluating a claimant’s subjective symptom allegations.

Ferguson v. Commissioner of Social Security · filed 2019-09-27(c)(3)

However, the Magistrate Judge provided a detailed review of Plaintiff’s testimony (Doc. 18, PAGEID# 2176-2177), and found that the ALJ evaluated Plaintiff’s subjective allegations in light of the relevant factors set forth in 20 C.F. R. § 404.1529(c)(3) and SSR 16-3p. The Court finds no error in the Magistrate Judge’s conclusion on this point; and Plaintiff’s objections are OVERRULED.

Section 404.1529(c)(2) prohibits an ALJ from rejecting statements about the intensity and persistence of pain or other symptoms, or their effect on ability to work, solely because objective medical evidence does not substantiate them.

Saccomano v. Saul · filed 2019-09-30(c)(2)

The Ninth Circuit and the Social Security Administration have made clear that “the Commissioner may not discredit the claimant’s testimony as to the severity of symptoms merely because they are unsupported by objective medical evidence.” Reddick, 157 F.3d at 722. See also 20 C.F.R. § 404.1529(c)(2) (assuring the claimant that an ALJ “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.”).

Section 404.1529 requires an ALJ evaluating a claimant’s symptoms to consider all objective and subjective evidence, including the symptoms’ nature, medication effectiveness, treatment, activities, and conflicts between the claimant’s statements and other evidence.

Kirby v. Social Security Administration, Commissioner · filed 2019-09-30(c)(3), (4)

When evaluating the credibility of a claimant’s statements regarding the intensity, persistence, or limiting effects of her symptoms, the ALJ considers all evidence, objective and subjective. See 20 C.F.R. §§ 404.1529, 416.929; SSR 16-3p, 2016 WL 1119029 at * 3-10. The ALJ may consider the nature of a claimant’s symptoms, the effectiveness of medication, a claimant’s method of treatment, a claimant’s activities, and any conflicts between a claimant’s statements and the rest of the evidence. See 20 C.F.R. §§ 404.1529(c)(3), (4), 416.929(c)(3), (4); SSR 16-3p, 2016 WL 1119029 at * 3-10. ... The ALJ’s evaluation of Kirby’s subjective reports was supported by substantial evidence, and he articulated “explicit and adequate reasons” for discounting Kirby’s reports. Holt, 921 F.2d at 1223. Other than (inaccurately) suggesting the ALJ failed to articulate reasons for discounting his testimony, Kirby does not identify any problem with the ALJ’s handling of his subjective complaints. Reversal is not warranted on this ground.

Section 404.1529 requires an ALJ evaluating the intensity, persistence, and limiting effects of symptoms to consider all objective and subjective evidence, including symptom nature, treatment, medication effectiveness, activities, and inconsistencies.

Golden v. Social Security Administration, Commissioner · filed 2019-09-30(c)(3), (4)

When evaluating the credibility of a claimant’s statements regarding the intensity, persistence, or limiting effects of her symptoms, the ALJ considers all evidence, objective and subjective. See 20 C.F.R. §§ 404.1529, 416.929; SSR 16-3p, 2016 WL 1119029 at * 3-10. The ALJ may consider the nature of a claimant’s symptoms, the effectiveness of medication, a claimant’s method of treatment, a claimant’s activities, and any conflicts between a claimant’s statements and the rest of the evidence. See 20 C.F.R. §§ 404.1529(c)(3), (4), 416.929(c)(3), (4); SSR 16-3p, 2016 WL 1119029 at * 3-10.

Section 404.1529 requires the ALJ to consider objective and subjective evidence when evaluating the intensity, persistence, and limiting effects of symptoms, including symptom nature, medication effectiveness, treatment, activities, and inconsistencies with other evidence.

Walker v. Social Security Administration, Commissioner · filed 2019-09-30(c)(3), (4)

When evaluating the credibility of a claimant’s statements regarding the intensity, persistence, or limiting effects of her symptoms, the ALJ considers all evidence, objective and subjective. See 20 C.F.R. §§ 404.1529, 416.929; SSR 16-3p, 2016 WL 1119029 at * 3-10. The ALJ may consider the nature of a claimant’s symptoms, the effectiveness of medication, a claimant’s method of treatment, a claimant’s activities, and any conflicts between a claimant’s statements and the rest of the evidence. See 20 C.F.R. §§ 404.1529(c)(3), (4), 416.929(c)(3), (4); SSR 16-3p, 2016 WL 1119029 at * 3-10.

Section 404.1529(c)(3) directs the SSA to consider daily activities, symptom characteristics, medication, and other treatment when evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms.

MARK v. SAUL · filed 2019-09-30(c)(3)

The ruling specifies that the SSA uses “all of the evidence to evaluate the intensity, persistence, and limiting effects of an individual’s symptoms,” but continues to utilize the regulatory factors relevant to a claimant’s symptoms, including 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; and treatment, other than medication, an individual receives or has received for relief of pain or other symptoms. SSR 16-3p, 2017 WL 5180304, at *7-8; 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) requires the ALJ to consider the listed factors when evaluating a claimant’s symptoms and credibility.

Hernandez v. Saul · filed 2019-09-30(c)(3)

First, ALJ Berkowitz’s failure to conduct any meaningful credibility analysis (including accounting for the Plaintiff’s claims of insomnia) requires remand. ... Moreover, there is no indication that ALJ Berkowitz considered the factors listed in the regulations in assessing Plaintiff’s credibility. See 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). ... Accordingly, upon remand, the Commissioner should reassess Plaintiff’s subjective complaints based on the record as a whole,5 and determine if such an assessment requires reconsideration of Plaintiff’s RFC.

Section 404.1529(a) requires an ALJ evaluating subjective symptoms to consider a claimant’s statements about her symptoms and how they affect her daily life and ability to work.

Sult v. Commissioner of Social Security · filed 2019-10-07(a)

When determining a claimant’s subjective symptoms, the ALJ must consider a claimant’s statements about her symptoms, such as pain, and how the symptoms affect her daily life and ability to work. See 20 C.F.R. § 404.1529(a); SSR 16-3p, 2017 WL 5180304 (October 25, 2017).

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.

Moreno v. Commissioner of Social Security · filed 2019-10-10(c)(3)

The ALJ must weigh the claimant’s subjective complaints, the relevant objective medical evidence, and any other evidence of the following factors: (i) The individual’s daily activities; (ii) Location, duration, frequency, and intensity of pain or other symptoms; (iii) Precipitating and aggravating factors; (iv) Type, dosage, effectiveness, and side effects of any medication; (v) Treatment, other than medication, for relief of pain or other symptoms; (vi) Other measures taken to relieve pain or other symptoms; (vii) Other factors concerning functional limitations due to pain or other symptoms. See 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 requires an ALJ to evaluate a claimant's subjective complaints in light of the objective medical evidence and the entire case record.

ROSS v. SAUL · filed 2019-10-17

The regulations require that an ALJ’s RFC be based on the entire case record, including the objective medical findings and the credibility of the claimant’s subjective complaints.

Section 404.1529(c)(3) requires the ALJ to evaluate a claimant’s subjective symptoms by weighing the specified evidence and symptom-related factors, including daily activities, pain characteristics, medications, and measures used for relief.

Bracken v. Commissioner of Social Security · filed 2019-11-01(c)(3)

The ALJ must weigh the claimant’s subjective complaints, the relevant objective medical evidence, and any other evidence of the claimant's 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 medications, and any other measures the claimant takes to relieve symptoms. See 20 C.F.R. § 404.1529(c)(3). ... Nowhere in the ALJ’s decision does she explain the reasons for not crediting Torie B.’s allegations. ... On remand, the ALJ should perform the required analysis under SSR 16-3p.

Section 404.1529(c)(3) permits an ALJ to evaluate the limiting effects of symptoms by considering factors such as daily activities, the nature of the symptoms, efforts to alleviate them, treatment, and other functional limitations.

Bryant v. Social Security · filed 2019-11-01(c)(3)

In evaluating a claimant’s subjective symptom complaints, an ALJ may consider several factors, including the claimant’s daily activities, the nature of the claimant’s symptoms, the claimant’s efforts to alleviate her symptoms, the type and efficacy of any treatment, and any other factors concerning the claimant’s functional limitations and restrictions. SSR 16-3p, 2016 SSR LEXIS 4 *15-19; 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); see also Temples v. Comm’r of Soc. Sec., 515 F. App’x 460, 462 (6th Cir. 2013) (stating that an ALJ properly considered a claimant’s ability to perform day-to-day activities in determining whether his testimony regarding his pain was credible).

Section 404.1529(c)(4) requires the ALJ to consider objective medical evidence and other relevant evidence, including statements about how symptoms affect the claimant, when evaluating the intensity, persistence, and limiting effects of symptoms.

Hynson v. Social Security Administration · filed 2019-11-04(c)(4)

The ALJ must consider “all evidence, including subjective statements about the intensity, persistence, and functionally limiting effects of pain [as well as] the objective medical evidence, laboratory findings and statements from treating or nontreating sources about how the symptoms affect the claimant in deciding the issue of disability.” Jarrell v. Comm’r of Soc. Sec., 433 F. App’x 812, 814 (11th Cir. 2011) (citing 20 C.F.R. § 404.1529(c)(4)).

Section 404.1529 requires an ALJ evaluating a claimant’s symptoms to consider factors including objective medical evidence, treatment, medical findings, the claimant’s statements to treating doctors, daily activities, and medical opinions.

Schofield v. Commissioner of Social Security · filed 2019-11-05

SSR 16-3p continues to require the ALJ to consider the factors set forth in the applicable regulation, 20 C.F.R. § 404.1529. ... As required by § 404.1529 and SSR 16-3p, the ALJ considered the objective medical evidence; the course of treatment; the findings of the various doctors on physical exams; plaintiff’s own statements to her treating doctors; her daily activities; and the medical opinions.

Section 404.1529(c) requires an ALJ assessing subjective complaints to consider objective medical evidence, daily activities, pain allegations, aggravating factors, course of treatment, and functional limitations.

McDonough v. Saul · filed 2020-01-14(c)

An ALJ must consider objective medical evidence, the claimant’s daily activities, allegations of pain, aggravating factors, course of treatment, and functional limitations when assessing subjective complaints. 20 C.F.R. § 404.1529(c); see also SSR 16-3p, 2017 WL 5180304, at *1 (2017).

Section 404.1529 requires a two-step evaluation of a claimant’s pain or other symptom allegations, including consideration of the entire record and daily activities when assessing their intensity and persistence.

Thomas v. Commissioner of Social Security · filed 2020-01-21(c)

In evaluating subjective claims of debilitating pain, the regulations call for a two-step analysis. First, the ALJ is to determine if any identified impairment could reasonably be expected to produce the pain or symptom being alleged. Next, the ALJ must evaluate the intensity or persistence of the pain or symptom to ascertain how it effects the claimant’s capacity for work. This second step entails consideration of the entire record. In particular, an ALJ may consider daily activities in evaluating complaints of debilitating pain.

Section 404.1529 requires an ALJ to evaluate the intensity, persistence, and effects of a claimant’s pain and other symptoms on the claimant’s ability to work.

Gaddison v. Social Security Administration, Commissioner · filed 2020-01-23(c) & (d)

If a claimant satisfies the first part of the test, the ALJ must evaluate their intensity, persistence, and effect on the claimant’s ability to work. See 42 U.S.C. § 423(d)(5)(A); 20 C.F.R. §§ 404.1529(c) & (d); 416.929(c) & (d). ... Notwithstanding, the court has reviewed the record and concludes that the ALJ properly applied the pain standard in her consideration of Plaintiff’s subjective complaints and the formulation of Plaintiff’s RFC.

Section 404.1529(c)(3) requires an ALJ to consider listed factors, including daily activities, symptom characteristics, treatment, measures to relieve pain, and treatment noncompliance, when evaluating subjective complaints.

Boyer v. Berryhill · filed 2020-01-24(c)(3)

The evaluation of a plaintiff’s subjective complaints “is not an examination of an individual’s character.” SSR 16-3p. Instead, the ALJ should consider all evidence in the record and incorporate the factors to be considered under regulations 20 C.F.R. § 404.1529(c)(3). These factors include daily activities; the location, duration, frequency, and intensity of pain; the medication used to alleviate pain; any other treatment for pain; any other measures taken by the claimant to relieve pain; and failure to comply with treatment. Id. An ALJ may only discount a claimant’s subjective complaints for “good reasons.” 20 C.F.R. § 404.1529; SSR 16-3p.

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

Halverson v. Commissioner of Social Security · filed 2020-01-30(c)(3)

When evaluating the credibility of a claimant’s subjective statements, an ALJ must consider: (1) claimant’s daily activities; (2) the location, duration, frequency, and intensity of claimant’s pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication claimant takes or has taken to alleviate claimant’s pain or other symptoms; (5) treatment, other than medication, claimant receives or has received for relief of claimant’s pain or other symptoms; (6) any measures claimant uses or has used to relieve claimant’s pain or other symptoms; and (7) other factors concerning claimant’s functional limitations and restrictions due to pain or other symptoms. See 20 C.F.R. § 404.1529(c)(3); Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir. 1984). An ALJ need not explicitly discuss every Polaski factor, so long as the ALJ acknowledges and examines each consideration before discounting claimant’s subjective complaints.

Section 404.1529 requires a two-step evaluation of a claimant’s testimony about subjective symptoms.

Cain v. Berryhill · filed 2020-02-04(b)

The determination of whether or not to accept a claimant’s testimony regarding subjective symptoms requires a two-step analysis. 20 C.F.R. §§ 404.1529, 416.929; Smolen, 80 F.3d at 1281 (citations omitted).

Section 404.1529(c)(1)-(3) requires an ALJ, after finding a medically determinable impairment that could reasonably produce the alleged symptoms, to assess how symptom intensity and persistence limit the claimant's ability to work using the claimant's history, medical and laboratory evidence, statements, medical opinions, and other relevant evidence.

Ornis v. Commissioner of Social Security · filed 2020-02-05(c)(1)-(3)

If the ALJ determines that the claimant has a medically determinable impairment that could reasonably produce the claimant’s alleged pain or other symptoms, the ALJ must then evaluate the extent to which the intensity and persistence of those symptoms limit the claimant’s ability to work. 20 C.F.R. § 404.1529(c)(1). In doing so, the ALJ considers a variety of evidence, including the claimant’s history, the medical records and laboratory findings, the claimant’s statements, medical source opinions, and other evidence of how the pain affects the claimant’s daily activities and ability to work. Id. at § 404.1529(c)(1)-(3).

Section 404.1529 provides that subjective symptoms, without some indication of support from objective medical evidence, do not establish disability.

Young v. Commissioner of Social Security · filed 2020-02-05

“[S]ubjective symptoms alone, absent some indication that they are supported by objective medical evidence, fail to support a disability finding.” Salgado v. Astrue, 271 Fed. App’x 456, 460 (5th Cir. 2008), citing 20 C.F.R. § 404.1529.While Plaintiff testified at the December 7, 2017 administrative hearing that she uses riding carts when she goes shopping and has her rolling walker with her when she goes out, the objective medical records do not support these statements and in part directly contradict them.

Section 404.1529 requires an ALJ to consider a claimant’s symptoms, but statements about pain or other symptoms alone do not establish disability.

Wolgast v. Berryhill · filed 2020-02-06(a)

While an ALJ must consider a plaintiff’s representations about her symptoms and limitations, her statements about her “pain or other symptoms will not alone establish that” she is disabled. 20 C.F.R. § 404.1529(a).

Section 404.1529 requires an adjudicator to evaluate the intensity and persistence of a claimant's symptoms and their effect on the claimant's ability to work after the claimant establishes an impairment that could reasonably be expected to produce the alleged symptoms.

Forson v. Commissioner of Social Security · filed 2020-02-07

In order to prove disability based on subjective complaints, a claimant must provide evidence of an underlying medical condition, as well as objective medical evidence confirming the severity of his alleged symptoms or evidence establishing that his medical condition could be reasonably expected to give rise to his alleged symptoms. See 20 C.F.R. § 404.1529(a); Social Security Ruling (“SSR”) 16-3p, 2016 WL 1119029; Wilson v. Barnhart, 284 F.3d 1219, 1225-26 (11th Cir. 2002). When a claimant establishes that he has an impairment that could reasonably be expected to produce his alleged symptoms, the ALJ must then evaluate the intensity and persistence of the claimant’s subjective complaints of pain or other symptoms and their effect on the claimant’s ability to work. See 20 C.F.R. § 404.1529(c)(d); SSR 16-3p.

Section 404.1529 requires an ALJ to assess symptom-related functional limitations by comparing the claimant’s statements with objective medical and other evidence and considering the listed factors, including current functional limitations.

Deberry v. Commissioner of Social Security · filed 2020-02-07(c)(3), (c)(4)

Thus, the ALJ determines not whether the objective medical evidence of a plaintiff’s pain is consistent with an inability to perform all substantial activity, but whether a plaintiff’s statements as to his pain are consistent with the objective medical evidence. ... The ALJ in the instant action erred by not properly conducting the latter analysis. Pursuant to the applicable regulation, the ALJ considered Plaintiff’s “daily activities”; the “location, duration, frequency, and intensity” of pain; “[p]recipitating and aggravating factors”; the “type, dosage, effectiveness, and side effects of any medication” taken by Plaintiff; treatment “other than medication”; measures used by Plaintiff to relieve pain or symptoms; and “[o]ther factors” concerning Plaintiff’s functional limitations. ... The ALJ’s reliance on a two-year-old set of functional limitations was clearly improper, where Plaintiff’s treating cardiologists had catalogued limitations through and up to the June 2017 ALJ hearing, and where, at the ALJ hearing, Plaintiff testified that he “[didn’t] really lift anything” (id. at 48), stayed “in bed most of the day,” and did not cook, clean, shop, or drive (id. at 52–53).

Section 404.1529 requires an ALJ to evaluate symptoms in two steps, consider relevant factors such as daily activities, symptom characteristics, medication, and treatment, and accept alleged limitations only insofar as they are consistent with objective and other evidence.

Hicks v. SSA · filed 2020-02-12(c)(3)-(4)

ALJs use a two-part analysis in evaluating complaints of disabling symptoms: (1) the ALJ will determine whether there is an underlying, medically determinable, physical impairment or mental impairment that could reasonably be expected to produce the claimant’s symptoms; and (2) if the ALJ finds that such an impairment exists, she must evaluate the intensity, persistence, and limiting effects of the symptoms on the individual's ability to do basic work activities. 20 C.F.R. § 404.1529; Rogers v. Comm'r of Soc. Sec., 486 F.3d 234, 247 (6th Cir. 2007). ... An ALJ is required to evaluate the claimant’s symptoms and diminish her capacity for basic work activities to the extent that her alleged functional limitations and restrictions due to her symptoms can reasonably be accepted as consistent with the objective medical and other evidence. 20 C.F.R. § 404.1529. ... The ALJ appropriately evaluated the relevant factors and diminished Hicks’ capacity for basic work activities to the extent that her alleged functional limitations and restrictions due to her symptoms can reasonably be accepted as consistent with the objective medical and other evidence.

Section 404.1529 requires a two-step evaluation of subjective symptoms: determine whether medically determinable impairments could reasonably be expected to cause the symptoms, then assess their severity without rejecting the testimony solely because it lacks objective medical support.

Auxier-Fagg v. Commissioner of Social Security · filed 2020-02-14(b)

A determination of whether to accept a claimant’s subjective symptom testimony requires a two-step analysis. 20 C.F.R. §§ 404.1529; Smolen v. Chater, 80 F.3d 1273, 1281 (9th Cir. 1996). First, the ALJ must determine whether the claimant’s medically determinable impairments reasonably could be expected to cause the claimant’s symptoms. 20 C.F.R. §§ 404.1529(b); Smolen, 80 F.3d at 1281-82. Once a claimant produces medical evidence of an underlying impairment, the ALJ may not discredit the claimant’s testimony as to the severity of symptoms solely because they are unsupported by objective medical evidence. Bunnell v. Sullivan, 947 F.2d 341, 343 (9th Cir. 1991) (en banc); Reddick v. Chater, 157 F.3d 715, 722 (9th Cir. 1988). Absent affirmative evidence showing that the claimant is malingering, the ALJ must provide “clear and convincing” reasons for rejecting the claimant’s testimony. Burrell v. Colvin, 775 F.3d 1133, 1136-37 (9th Cir. 2014) (citing Molina, 674 F.3d at 1112). ... The ALJ discounted Plaintiff’s testimony as inconsistent with her activities and not fully supported by the objective medical evidence. ... Inconsistency with Plaintiff’s activities was a clear and convincing reason to discount her testimony. ... Together with the clear and convincing reason of conflict with activities, lack of support by medical evidence was an additional reason to discount Plaintiff’s testimony.

Section 404.1529(a) requires an ALJ to consider a claimant’s statements about symptoms, including pain, and how those symptoms affect daily life and ability to work.

Robinson v. Commissioner of Social Security · filed 2020-02-18(a)

When determining a claimant’s subjective symptoms, the ALJ must consider a claimant’s statements about his symptoms, such as pain, and how the symptoms affect their daily life and ability to work. See 20 C.F.R. § 404.1529(a); SSR 16-3p, 2017 WL 5180304 (Oct. 25, 2017).

Section 404.1529 requires adjudicators to consider all a claimant’s symptoms, including pain, and assess whether they are consistent with objective medical and other record evidence.

Harr v. Commissioner of Social Security · filed 2020-02-20

Adjudicators, as the regulations dictate (i.e., 20 C.F.R. § 404.1529), are to consider all the claimant’s symptoms, including pain, and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence in the record.

Section 404.1529(c)(3) requires the Commissioner to consider specified factors, including daily activities, symptom duration and intensity, precipitating and aggravating factors, medication, functional restrictions, work history, and objective medical evidence, when evaluating the limiting effects of symptoms.

Hoskin v. Saul · filed 2020-02-21(c)(3)

In examining the record, the Commissioner must consider several factors, including the claimant’s daily activities; the duration, intensity, and frequency of the symptoms; precipitating and aggravating factors; the dosage, effectiveness, and side effects of medication; any functional restrictions; the claimant’s work history; and the objective medical evidence. ... After review of the record, the Court finds that the ALJ conducted a proper assessment of Plaintiff’s symptoms of pain, consistent with SSR 16-3p and the relevant regulations, and that his assessment is supported by substantial evidence.

Section 404.1529(c)(3)(i) and (v) permit an ALJ to consider inconsistent daily activities and favorable treatment responses when evaluating a claimant’s subjective symptom testimony.

Hopkins v. Commissioner of Social Security · filed 2020-02-24(c)(3)(i), (c)(3)(v)

These were all appropriate bases for discounting his pain testimony. See Molina, 674 F.3d at 1113 (activities inconsistent with alleged symptoms are proper grounds for questioning credibility); Rollins, 261 F.3d at 857 (same); 20 C.F.R. § 404.1529(c)(3)(i) (same); Carmickle v. Comm’r of Soc. Sec. Admin., 533 F.3d 1155, 1161 (9th Cir. 2008) (ALJ may discount claimant’s testimony when it is inconsistent with the medical evidence); Tommasetti, 533 F.3d at 1040 (favorable responses to treatment can undermine claimant’s complaints of debilitating pain); 20 C.F.R. § 404.1529(c)(3)(v) (same).

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

Clickner v. Social Security Administration, Commissioner · filed 2020-02-24(c)(3)

In evaluating a claimant’s reported symptoms, an ALJ must consider: (i) [the claimant’s] daily activities; (ii) [t]he location, duration, frequency, and intensity of [the claimant’s] pain or other symptoms; (iii) [p]recipitating and aggravating factors; (iv) [t]he type, dosage, effectiveness, and side effects of any medication [the claimant] take[s] or ha[s] taken to alleviate . . . pain or other symptoms; (v) [t]reatment, other than medication, [the claimant] receive[s] or ha[s] received for relief of . . . pain or other symptoms; (vi) [a]ny measures [the claimant] use[s] or ha[s] used to relieve . . . pain or other symptoms (e.g., lying flat on your back, standing for 15 to 20 minutes every hour, sleeping on a board, etc.); and (vii) [o]ther factors concerning [the claimant’s] functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); Leiter v. Comm’r, Soc. Sec. Admin., 377 Fed. Appx. 944, 947 (11th Cir. 2010).

Section 404.1529 requires consideration of treatment, medication, and daily activities when evaluating subjective symptoms, and provides that statements about pain or other symptoms alone do not establish disability.

Morales v. Commissioner of Social Security · filed 2020-02-24(c)

Factors relevant to the evaluation of Plaintiff’s symptoms include treatment (other than medication) received for the relief of pain or other symptoms, medication taken to alleviate pain or other symptoms, and daily activities. 20 C.F.R. § 404.1529(c). An individual’s subjective statements are insufficient to establish disability. 20 C.F.R. § 404.1529(a) (statements about your pain or other symptoms will not alone establish that you are disabled). ... This court finds that the ALJ properly evaluated multiple factors in evaluating Plaintiff’s symptoms, and the ALJ’s findings were supported by substantial evidence.

Section 404.1529 requires an ALJ to determine whether a medically determinable impairment could produce the alleged symptoms and, if so, assess their intensity, persistence, and limiting effects using the claimant’s statements, objective evidence, and specified factors.

Stover v. Commissioner of Social Security · filed 2020-02-25

The Commissioner has set forth a two-step process to evaluate a plaintiffs testimony regarding her symptoms. First, the ALJ must consider whether the plaintiff has a medically determinable impairment which could reasonably be expected to produce the pain or other symptoms alleged by the plaintiff. Second, if the ALJ finds that the plaintiff is so impaired, he must then evaluate the intensity, persistence, and limiting effects of the plaintiffs symptoms. If the plaintiff's statements about her pain or other symptoms are not substantiated by objective medical evidence, the ALJ must make a finding as to the plaintiff's credibility by assessing the following factors: (1) the plaintiff's daily activities: (2) the location, duration, frequency, and intensity of the pain or other symptoms: (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medications taken to alleviate the pain or other symptoms; (5) any treatment, other than medication, that the plaintiff has received; (6) any other measures that the plaintiff 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, See 20 C.F.R. §404.1529; Social Security Ruling (“SSR”) 96-7P, 1996 WL 374186 (July 2, 1996); SSR 16-3P, 2017 WL 5180304 (Oct, 25, 2017). Here, at the first step of the credibility analysis, the ALJ found that plaintiff's medically determinable impairments could reasonably be expected to cause the alleged symptoms, but at.the second step, the ALJ found that plaintiff's statements concerning the intensity, persistence, and limiting effects of her symptoms “are not fully supported.” (Tr. 369-72). Contrary to plaintiffs argument, the ALJ’s evaluation of her credibility complied with the applicable regulation and is supported by substantial evidence.

Section 404.1529 requires an ALJ evaluating subjective symptoms to consider the claimant’s symptom statements and their effects on daily living and work, and to weigh those statements with objective medical and other evidence, including the listed symptom-related factors.

Kopka v. Commissioner of Social Security · filed 2020-02-27(a), (c)(3)

An ALJ must consider a claimant’s statements about his or her symptoms, including pain, and how these symptoms affect the claimant’s activities of daily living and ability to work. 20 C.F.R. §§ 404.1529(a), 416.929(a). ALJs must weigh the subjective complaints, the relevant objective medical evidence, and any other evidence of the following: ... (7) Other factors concerning functional limitations due to pain or other symptoms. See 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); see also SSR 16-3p, 2017 WL 5180304, at *3 (Oct. 25, 2017). ... Remand is required for a new analysis of Plaintiff’s subjective symptoms regarding her pain and its effects on her ability to work.

Section 404.1529(a) requires an ALJ to consider a claimant's representations about symptoms and limitations, but provides that statements about pain or other symptoms alone do not establish disability.

Disney v. Berryhill · filed 2020-02-27(a)

While an ALJ must consider a plaintiff’s representations about his symptoms and limitations, his statements about his “pain or other symptoms will not alone establish that” he is disabled. 20 C.F.R. § 404.1529(a).

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

Bozeman v. Social Security Administration, Commissioner · filed 2020-02-29(c)(3)

In evaluating a claimant’s reported symptoms, an ALJ must consider: (i) [the claimant’s] daily activities; (ii) [t]he location, duration, frequency, and intensity of [the claimant’s] pain or other symptoms; (iii) [p]recipitating and aggravating factors; (iv) [t]he type, dosage, effectiveness, and side effects of any medication [the claimant] take[s] or ha[s] taken to alleviate . . . pain or other symptoms; (v) [t]reatment, other than medication, [the claimant] receive[s] or ha[s] received for relief of . . . pain or other symptoms; (vi) [a]ny measures [the claimant] use[s] or ha[s] used to relieve . . . pain or other symptoms (e.g., lying flat on your back, standing for 15 to 20 minutes every hour, sleeping on a board, etc.); and (vii) [o]ther factors concerning [the claimant’s] functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); Leiter v. Comm’r, Soc. Sec. Admin., 377 Fed. Appx. 944, 947 (11th Cir. 2010).

Section 404.1529 requires an ALJ to assess the intensity and persistence of a claimant’s symptoms and determine how they limit the claimant’s work capacity after determining that objective medical evidence supports a condition reasonably likely to cause the claimed symptoms.

Spence v. Saul · filed 2020-03-02(c)(1)

To evaluate the disabling effect of an individual’s symptoms, the ALJ first determines whether “objective medical evidence” supports the existence of “a condition reasonably likely to cause the [symptoms] claimed.” Hines v. Barnhart, 453 F.3d 559, 565 (4th Cir. 2006); see 20 C.F.R. §§ 404.1529(c)(1), 416.929(c)(1). If so, the ALJ then “evaluate[s] the intensity and persistence of [the claimant’s] symptoms” to “determine how [those] symptoms limit [the claimant’s] capacity for work.” 20 C.F.R. §§ 404.1529(c)(1), 416.929(c)(1).

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider the listed factors, but does not require discussion of every factor.

Chiccola v. Commissioner of Social Security · filed 2020-03-03(c)(3)

In addition to this evidence, the ALJ must consider the factors set forth in 20 C.F.R. § 404.1529(c)(3). Id. at *7-8. ... Although the ALJ must “consider” the listed factors, there is no requirement that he discuss every factor. White v. Comm’r of Soc. Sec., 572 F.3d 272, 287 (6th Cir. 2009).

Section 404.1529 requires an ALJ to first determine whether a medically determinable impairment could reasonably be expected to produce the claimant’s symptom, then evaluate the symptom’s intensity, persistence, and limiting effects using all available evidence.

Herring v. Commissioner of Social Security · filed 2020-03-05(b)-(c)

First, the ALJ must determine whether the evidence reflects that the claimant has a medically determinable impairment or impairments that could reasonably be expected to produce the claimant’s relevant symptom. See 20 C.F.R. § 404.1529(b). Next, the ALJ must evaluate the intensity and persistence of a claimant’s symptoms and determine the extent to which those symptoms limit a claimant’s ability to perform work-related activities. See id. at § 404.1529(c). In making this determination, the ALJ must consider “all of the available evidence from [a claimant’s] medical sources and nonmedical sources” about how the symptoms affect the claimant. Id. at § 404.1529(c)(1).

Section 404.1529(c)(3) requires an ALJ to consider subjective allegations by examining specified factors, but does not require a formalistic factor-by-factor recitation of the evidence.

Guillar v. Commissioner, Social Security Administration · filed 2020-03-03(c)(3)

Pursuant to 20 C.F.R. §§ 404.1529(c)(3) and 416.929(c)(3), an ALJ has the “obligation to consider subjective allegations” by examining such factors as: ... “(vii) Other factors concerning your functional limitations and restrictions due to pain or other symptoms.” “In evaluating the ALJ’s analysis, we do not require technical perfection, but are guided by common sense.”

Section 404.1529(c)(3) requires an ALJ evaluating a claimant’s subjective symptoms to consider the claimant’s daily activities, the characteristics and intensity of pain and other symptoms, precipitating and aggravating factors, medication side effects, and treatment or other measures taken for relief.

Dicks v. Commissioner of Social Security · filed 2020-03-09(c)(3)

When evaluating a claimant’s subjective symptoms, the ALJ must consider such things as: (1) the claimant’s daily activities; (2) the nature, location, onset, duration, frequency, radiation, and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) adverse side-effects of medications; and (5) treatment or measures taken by the claimant for relief of symptoms. Davis v. Astrue, 287 F. App’x 748, 760 (11th Cir. 2008) (citing 20 C.F.R. § 404.1529(c)(3)(i)-(vi)).

Section 404.1529 requires an ALJ to use a two-step symptom evaluation: determine whether a medically determinable impairment could produce the symptom, then evaluate the symptom's intensity, persistence, and functionally limiting effects.

Cook v. Commissioner of Social Security · filed 2020-03-09(b), (c)

An evaluation of subjective complaints should reflect a two-step analysis. See 20 C.F.R. §§ 404.1529, 416.929.6 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. See id. Next, the ALJ must evaluate “the intensity, persistence, or functionally limiting effects of [the] symptom[s].” Id.

Section 404.1529(c)(3) directs an ALJ evaluating a claimant’s pain and other symptoms to consider factors including daily activities, symptom triggers, medication, treatment, relief measures, and other functional limitations.

Aaron Marine v. Berryhill · filed 2020-03-12(c)(3)

Under SSR 16-3p, the ALJ shall determine whether to credit a claimant’s statements about his pain and limitations by referring to the factors set forth in 20 C.F.R. §§ 404.1529(c)(3) and 416.929(c)(3), which include: the claimant’s daily activities; the factors that precipitate and aggravate the symptoms; the type, dosage, effectiveness, and side effects of any medication taken to alleviate the symptoms; the claimant’s treatment, other than medication, for the symptoms; any other measure that the individual uses to relieve pain or other symptoms; and, finally, “any other factors concerning an individual’s functional limitations and restrictions.” SSR 16-3p.

Section 404.1529 requires a two-step evaluation of subjective symptoms: first, determine whether a medically determinable impairment could be expected to produce the alleged symptoms, and then evaluate the symptoms' intensity, persistence, and effect on the individual's ability to work.

NELSON v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-03-12

Social Security Regulations require a two-step evaluation of subjective symptoms: (1) a determination as to whether there is objective evidence of a medically determinable impairment that could be expected to produce the symptoms alleged; and (2) an evaluation of the intensity and persistence of the pain or symptoms and the extent to which it affects an individual’s ability to work.

Section 404.1529 requires properly assessing the intensity and limiting effects of a claimant's symptoms, including whether the claimant's impairments could reasonably be expected to produce the alleged symptoms.

Reinaas v. Saul · filed 2020-03-16

We agree with Reinaas that the ALJ did not properly assesses the intensity and limiting effects of Reinaas’s subjective symptoms. See 20 C.F.R. § 404.1529; SSR 16‐3P, 2017 WL 5180304 (Oct. 25, 2017). First, the ALJ ignored the connection between his migraines and his substantial history of spinal problems and surgeries—which could reasonably be expected to produce disabling migraine‐like headaches.

Section 404.1529 requires an ALJ evaluating a claimant's statements about the intensity, persistence, or limiting effects of symptoms to consider objective and subjective evidence, including the nature of the symptoms, medication effectiveness, treatment, activities, and conflicts with the rest of the evidence.

Naylor v. Social Security Administration, Commissioner · filed 2020-03-16(c)(3)-(4)

When evaluating the credibility of a claimant's statements regarding the intensity, persistence, or limiting effects of her symptoms, the ALJ considers all evidence, objective and subjective. See 20 C.F.R. §§ 404.1529, 416.929; SSR 96-7p, 1996 WL 364186 at * 4-5. The ALJ may consider the nature of a claimant's symptoms, the effectiveness of medication, a claimant's method of treatment, a claimant's activities, and any conflicts between a claimant's statements and the rest of the evidence. See 20 C.F.R. §§ 404.1529(c)(3), (4), 416.929(c)(3), (4); SSR 96-7p, 1996 WL 364186 at * 4-8.

Section 404.1529 requires a claimant relying on subjective symptoms to show an underlying medical condition and either objective evidence confirming symptom severity or that the condition could reasonably cause the symptoms; if the latter showing is made, the ALJ must evaluate their intensity, persistence, and effects on ability to work.

Ritter v. Social Security Administration, Commissioner · filed 2020-03-17(a)-(d)

When a claimant attempts to prove disability based on her subjective complaints, she must provide evidence of an underlying medical condition and either objective medical evidence confirming the severity of her alleged symptoms or evidence establishing that her medical condition could be reasonably expected to give rise to her alleged symptoms. ... If the objective medical evidence does not confirm the severity of the claimant’s alleged symptoms but the claimant establishes she has an impairment that could reasonably be expected to produce her alleged symptoms, the ALJ must evaluate the intensity and persistence of the claimant’s alleged symptoms and their effect on the claimant’s ability to work.

Section 404.1529(b) requires an ALJ to determine whether a claimant’s medically determinable impairments could reasonably be expected to cause the claimant’s symptoms.

Rodriguez v. Commissioner of Social Security · filed 2020-03-10(b)

First, the ALJ must determine whether the claimant’s medically determinable impairments reasonably could be expected to cause the claimant’s symptoms.

When evaluating a claimant’s subjective symptoms, an ALJ must consider the objective medical evidence and the claimant’s daily activities, symptom characteristics, medication, treatment, and other measures used for relief; an explicit acknowledgment of the regulation and a thorough discussion of the record can demonstrate compliance.

Bombard v. Commissioner of Social Security · filed 2020-03-20(c)(3)(i)-(vi)

Specifically, in addition to the objective medical evidence, the ALJ must consider the following factors: “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.” F.S. v. Astrue, No. 1:10-CV-444, 2012 WL 514944, at *19 (N.D.N.Y. Feb. 15, 2012) (citing 20 C.F.R. § 404.1529(c)(3)(i)-(vi)). ... Ultimately, the ALJ explicitly acknowledged consideration of 20 C.F.R. § 404.1529 when making his credibility determination, (id. at 20), and it is evident from his thorough discussion that the determination was legally sound.

Section 404.1529 requires a two-step evaluation of a claimant's subjective symptoms: determine whether a medically determinable impairment could cause them, then do not reject their severity solely for lack of objective corroboration.

Travillian v. Social Security · filed 2020-03-23(b)

The determination of whether or not to accept a claimant’s testimony regarding subjective symptoms requires a two-step analysis. 20 C.F.R. §§ 404.1529, 416.929; Smolen, 80 F.3d at 1281 (citations omitted). First, the ALJ must determine whether or not there is a medically determinable impairment that reasonably could be expected to cause the claimant’s symptoms. 20 C.F.R. §§ 404.1529(b), 416.929(b); Smolen, 80 F.3d at 1281-82. Once a claimant produces medical evidence of an underlying impairment, the ALJ may not discredit the claimant’s testimony as to the severity of symptoms “based solely on a lack of objective medical evidence to fully corroborate the alleged severity of” the symptoms.

Section 404.1529 requires an ALJ to consider a claimant’s statements about symptoms and their effects on daily life and work, weighing them with objective evidence and the listed factors.

Aldrich v. Commissioner of Social Security · filed 2020-03-23(a), (c)(3)

In making a disability determination, the ALJ must consider a claimant’s statements about her symptoms, such as pain, and how the symptoms affect her daily life and ability to work. See 20 C.F.R. § 404.1529(a); SSR 16-3p, 2017 WL 5180304, at *2 (Oct. 25, 2017).1 Subjective allegations of disabling symptoms alone cannot support a finding of disability. SSR 16-3p, 2017 WL 5180304, at *2. The ALJ must weigh the claimant’s subjective complaints, the relevant objective medical evidence, and any other evidence of the following factors: ... See 20 C.F.R. § 404.1529(c)(3). In this case, the ALJ followed the correct steps, considering the factors set forth in 20 C.F.R. § 404.1529(c)(3) and discussing in detail Plaintiff’s hearing testimony, Plaintiff’s medical treatment notes, the treatment that Plaintiff chose to pursue, and the objective medical evidence, with the discussion of the medical evidence spanning three and a half single-spaced pages. See AR 18–23.