20 C.F.R. § 404.1529

Section 404.1529 requires an ALJ to consider a claimant’s symptom statements, objective medical evidence, and other evidence, including daily activities, pain characteristics, treatment, and functional limitations, when evaluating symptoms.

Aldrich v. Commissioner of Social Security · filed 2020-03-24(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. ... The ALJ must weigh the claimant’s subjective complaints, the relevant objective medical evidence, and any other evidence of the following factors: ... (7) Other factors concerning functional limitations due to pain or other symptoms. 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.

Section 404.1529 requires the ALJ to assess the intensity and persistence of a claimant's symptoms and consider factors such as objective evidence, aggravating factors, medications and treatment, daily activities, and work history.

Miller v. Commissioner of Social Security · filed 2020-03-26(c)(3)

Where a claimant satisfies the pain standard, the ALJ then assesses the intensity and persistence of the symptoms to determine how they limit the claimant’s capacity for work. 20 C.F.R. § 404. 1529(c). Considerations relevant to this evaluation include: the objective medical evidence; evidence of factors that precipitate or aggravate the claimant’s symptoms, medications and treatments available to alleviate these symptoms; the type, dosage, effectiveness, and side effects of such medications and treatments; how the symptoms affect the claimant’s daily activities; and the claimant’s past work history. Id.

Section 404.1529 requires a two-step evaluation of a claimant’s subjective symptoms: objective medical evidence must show a condition that could reasonably produce the symptoms, and the ALJ must then assess their intensity, persistence, and limiting effects, including inconsistencies with the record.

Mixon v. Commissioner of Social Security Administration · filed 2020-03-26(b), (c), and (c)(4)

“Under the regulations implementing the Social Security Act, an ALJ follows a two-step analysis when considering a claimant’s subjective statements about impairments and symptoms.” ... “First, the ALJ looks for objective medical evidence showing a condition that could reasonably produce the alleged symptoms.” ... “Second, 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 ability to perform basic work activities.” ... “Here, the court finds that, based on the record and evidence, the ALJ conducted a sufficient analysis of Plaintiff’s subjective complaints in the assessment that supports the “Unfavorable Decision.””

Section 404.1529 requires the ALJ to evaluate a claimant’s statements and symptoms about impairment-related limitations and assess whether those statements are consistent with the record as a whole, including objective medical evidence.

Carter v. Saul · filed 2020-03-30

As part of the RFC assessment, the ALJ must evaluate a claimant’s “statements and symptoms regarding the limitations caused by her impairments.” Linares v. Colvin, 2015 WL 4389533, at *5 (W.D.N.C. July 17, 2015) (citing 20 C.F.R. §§ 404.1529, 416.929; Craig, 76 F.3d at 593–96). A claimant’s symptoms “must be supported by objective medical evidence showing the existence of a medical impairment which could reasonably be expected to produce the [symptoms], in the amount and degree, alleged by the claimant.” Johnson, 434 F.3d at 657 (quoting Craig, 76 F.3d at 591). There is no requirement that the ALJ reference or analyze how claimant’s testimony compares to every individual item of objective medical evidence; instead, the ALJ must simply “assess whether the claimant’s subjective symptom statements are consistent with the record as a whole.” Vass v. Berryhill, 2018 WL 4737236, at *6 n.4 (W.D. Va. June 12, 2018), adopted by 2018 WL 4704058 (W.D. Va. Sept. 30, 2018).

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

Fagan v. Commissioner of Social Security · filed 2020-03-30(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) (citing 20 C.F.R. § 404.1529(c)(3)(i)-(vi)). ... The ALJ then discussed some of the medical evidence, but he 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 to consider a claimant’s prior work record when evaluating the intensity and persistence of symptoms and their effect on work capacity.

Wohler v. Commissioner of Social Security · filed 2020-03-31(c)(3)

An ALJ must also evaluate the intensity and persistence of a claimant’s symptoms and determine the extent to which those symptoms limit the claimant’s capacity for work. 20 C.F.R. § 404.1529(c).In doing so, ALJs focus primarily on the objective medical evidence and medical opinions. 20 C.F.R. § 404.1529(c)(1)-(2). However, ALJs will also consider other types of evidence presented, including information about a claimant’s prior work record. 20 C.F.R. § 404.1529(c)(3). ... “While there is no question that a claimant’s positive work history can bolster her credibility, an ALJ is not required to explicitly discuss that work history,” but he must consider it along with all the other evidence presented in the record.

Section 404.1529(c)(3) permits an ALJ to consider medication and other evidence when evaluating subjective symptoms, but does not require discussion of every medication individually.

DEASE v. BERRYHILL · filed 2020-03-31(c)(3)

The regulation does not mandate that an ALJ discuss every single medication in his opinion, and, as stated above, “the ALJ’s mere failure to cite specific evidence does not establish that the ALJ failed to consider it.”

Section 404.1529(c)(3) directs an ALJ to consider factors beyond medical evidence—such as daily activities, pain characteristics, medication, treatment, relief measures, and functional limitations—when evaluating a claimant’s symptom statements.

Young v. Social Security Administration · filed 2020-04-02(c)(3)

Alongside SSR 16-3p, the Code of Federal Regulations provides additional factors beyond the mere medical evidence in the record to assist an ALJ in determining whether a claimant’s statements of her symptoms are credible. 20 C.F.R. § 404.1529(c) (2017). These “credibility factors” include: (i) a claimant’s daily activities; (ii) the location, duration, frequency, and intensity of a claimant’s pain or other symptoms; (iii) precipitating and aggravating factors; (iv) the type, dosage, effectiveness, and side effects of any medication taken to alleviate pain or other symptoms; (v) treatment, other than medication, received for relief of those symptoms; (vi) any measures taken to relieve the pain or other symptoms; and (vii) other factors concerning a claimant’s functional limitations and restrictions due to pain or other symptoms.

Section 404.1529 requires a claimant to show an underlying medical condition and either objective evidence confirming symptom severity or evidence that the condition could reasonably produce the symptoms, and requires the ALJ to evaluate their intensity, persistence, and work-related effects when objective evidence does not confirm severity.

Cochran v. Commissioner of Social Security · filed 2020-04-03(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 that 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 requires an ALJ to consider a claimant’s symptoms, their consistency with the record, and their effect on the ability to work, and to evaluate their intensity and persistence after finding that a medically determinable impairment could produce them.

Rattler v. Commissioner of Social Security · filed 2020-03-30(a), (b)–(c)

In disability determinations, ALJs must consider all of a claimant’s symptoms, their consistency with all evidence in the record, and their effect on the claimant’s ability to work. 20 C.F.R. § 404.1529(a); see also SSR 16-3p. In analyzing subjective symptoms, the ALJ evaluates the intensity and persistence of a claimant’s alleged symptoms if she first finds that a medically determinable impairment could be reasonably expected to produce the alleged symptoms. Id. § 404.1529(b)–(c).

Section 404.1529(a) requires an ALJ evaluating the intensity and persistence of a claimant's symptoms to determine whether the allegations can reasonably be accepted as consistent with the objective medical evidence and other evidence.

Castillo v. Commissioner of Social Security · filed 2020-04-03(a)

Specifically, with respect to evaluating the intensity and persistence of the claimant's symptoms pursuant to SSR 16p–3, the ALJ must determine whether those allegations “can reasonably be accepted as consistent with the objective medical evidence and other evidence.” 20 C.F.R. § 404.1529(a).

Section 404.1529(c) requires an adjudicator evaluating symptom intensity, persistence, and limiting effects to consider factors including daily activities, pain characteristics, medication and treatment effectiveness, relief measures, and functional limitations.

Uppinghouse v. Saul · filed 2020-04-07(c)

Factors to be considered in evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms include: 1) daily activities; 2) the 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 an individual takes or has taken to alleviate pain or other symptoms; 5) treatment, other than medication, an individual receives or has received for relief of pain or other symptoms; 6) any measures other than treatment an individual uses or has used to relieve pain or other symptoms; and 7) any other factors concerning an individual’s functional limitations and restrictions due to pain or other symptoms. SSR 16-3p, 2016 WL 1119029, at *7; 20 C.F.R. §§ 404.1529(c), 416.929 (c).

Section 404.1529(c) directs the ALJ to assess the intensity and persistence of a claimant’s symptoms and their effect on work capacity, considering specified evidence such as medical findings, treatments, side effects, daily activities, and work history.

Caballero v. Commissioner of Social Security Administration · filed 2020-04-09(c)

Where a claimant satisfies the pain standard, the ALJ then assesses the intensity and persistence of the symptoms to determine how they limit the claimant’s capacity for work. 20 C.F.R. § 404. 1529(c). Considerations relevant to this evaluation include: the objective medical evidence; evidence of factors that precipitate or aggravate the claimant’s symptoms, medications and treatments available to alleviate these symptoms; the type, dosage, effectiveness, and side effects of such medications and treatments; how the symptoms affect the claimant’s daily activities; and the claimant’s past work history. Id. “If the ALJ decides not to credit a claimant’s testimony about her symptoms, the ALJ must ‘articulate explicit and adequate reasons for doing so.’” ... Here, the ALJ has done so. ... On this record, I find substantial evidence supports the ALJ’s credibility findings.

Section 404.1529(c) requires an ALJ evaluating symptoms to consider the entire case record, including objective medical evidence, symptom statements, medical-source and other-person information, daily activities, treatment and medication factors, and inconsistencies with the evidence.

FRANCIS v. BERRYHILL · filed 2020-04-14(c)

In considering the intensity, persistence, and limiting effects of an individual's symptoms, the ALJ will examine the entire case record, including the objective medical evidence; an individual's statements about the intensity, persistence, and limiting effects of symptoms; statements and other information provided by medical sources and other persons; and any other relevant evidence in the individual's case record. SSR 16-3p. Additionally, the ALJ will also consider daily activities; the location, duration, frequency, and intensity of pain or other symptoms; factors that precipitate and aggravate the symptoms; the type, dosage, effectiveness, and side effects of any medication an individual takes or has taken to alleviate pain or other symptoms; treatment, other than medication, an individual receives or has received for relief of pain or other symptoms; any measures other than treatment an individual uses or has used to relieve pain or other symptoms; and any other factors concerning an individual's functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. §§404.1529(c), 416.929(c). The ALJ will also look at inconsistencies between the claimant's statements and the evidence presented. Id. I must defer to the ALJ’s determinations, unless they are not supported by substantial evidence.

Section 404.1529 requires an adjudicator evaluating subjective symptoms to consider factors beyond objective medical evidence and explain that consideration.

Reza v. Saul · filed 2020-04-14

At best the ALJ paid only lip service to its duty to evaluate the factors other than the objective medical evidence which are required under Polaski, 20 C.F.R. § 404.1529, and SSR 16-3p. Though the ALJ stated it considered these factors, absent some articulation of what that consideration was, a proper review is impossible. Remand is required for reconsideration of Ms. Reza’s subjective pain complaints.

Section 404.1529 permits an ALJ to consider objective evidence and a claimant’s treatment regimen when evaluating subjective symptoms.

Middleton v. Commissioner of Social Security · filed 2020-04-15(b)(2), (c)(4), (c)(5)

Objective evidence and a claimant’s treatment regimen are factors properly considered by ALJs when evaluating subjective symptoms. 20 C.F.R. § 404.1529(b)(2), (c)(4), (c)(5); Doc. 14, at 11.

Section 404.1529 requires the ALJ to consider specified factors when evaluating a claimant’s symptoms and explain how those factors support the weight assigned to the testimony.

Valdez v. Berryhill · filed 2020-04-15

On remand, the ALJ should clearly explain which of Valdez’s complaints were inconsistent with the evidence and to what extent the complaints and evidence were inconsistent. The ALJ should more overtly incorporate the factors set forth in 20 C.F.R. § 404.1529 and should clearly explain how those factors result in the weight he accorded Valdez’s testimony.

Section 404.1529 permits an ALJ to consider consistency between a claimant's subjective symptom testimony and objective medical evidence, but a lack of objective medical evidence cannot be the sole basis for discounting the testimony.

Roach v. Commissioner Social Security Administration · filed 2020-04-15(c)(1)-(3)

When evaluating a claimant’s subjective symptom testimony, an ALJ may consider consistency with objective medical evidence. ... However, a lack of objective medical evidence may not form the ALJ’s sole basis for discounting a claimant’s testimony.

Section 404.1529(b)-(c) requires an ALJ to evaluate the intensity and persistence of a claimant's symptoms and the extent to which they affect the claimant's ability to work.

SMITH v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-04-30(b)-(c)

Even if an ALJ concludes that a medical impairment exists which could reasonably cause the symptoms alleged, the ALJ must evaluate the intensity and persistence of the symptoms, and the extent to which any credibly found symptoms affect the claimant’s ability to work. 20 CFR § 404.1529(b)-(c).

Section 404.1529 requires considering treatment other than medication and measures used to relieve pain or other symptoms, but this court did not require those additional factors because Eighth Circuit precedent had not required them.

Beckham v. Social Security Administration Commissioner · filed 2020-05-07

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 permits an ALJ to evaluate a claimant’s alleged symptoms by considering daily activities and other factors bearing on the symptoms’ consistency with objective medical evidence.

Cannon v. Saul · filed 2020-05-07(c)(3)-(4)

To determine their consistency with objective medical evidence an ALJ may evaluate a claimant’s (1) daily activities; (2) symptoms’ location, duration, frequency, and intensity; (3) factors that precipitate and aggravate the symptoms; (4) type, dosage, effectiveness, and side effects of medications; (5) treatment sought other than medication; (6) other measures taken to relieve symptoms; and (7) any other factors concerning a claimant’s alleged limitations. 20 C.F.R. § 404.1529(c)(3)-(4); SSR 16-3p.

Section 404.1529 requires an ALJ first to determine whether objective medical evidence shows an impairment that could reasonably produce the alleged symptoms, then to evaluate the symptoms’ intensity, persistence, and limiting effects and their functional effects.

MASCARINAS v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-05-07(c), (c)(4)

The regulations set out a two-step process for ALJs to evaluate a claimant’s symptoms. ... “First, the ALJ looks for objective medical evidence showing a condition that could reasonably produce the alleged symptoms.” ... Second, assuming the claimant clears the first step, “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 ability,” ... “The second determination requires the ALJ to assess the credibility of the claimant’s statements about symptoms and their functional effects.”

Section 404.1529(c) requires an ALJ evaluating a claimant’s subjective symptom allegations to consider objective medical evidence, daily activities, pain or symptoms, aggravating factors, medication, course of treatment, and functional limitations.

Bonato v. Saul · filed 2020-05-13(c)

When assessing a claimant’s subjective symptom allegations, an ALJ must consider several factors, including the objective medical evidence, the claimant’s daily activities, his level of pain or symptoms, aggravating factors, medication, course of treatment, and functional limitations. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304, at *5, 7-8 (Oct. 25, 2017).

Section 404.1529 requires an ALJ to consider a claimant's impairment-related pain and other subjective symptoms throughout the disability evaluation and assess whether the claimant's symptom statements are consistent with the record as a whole.

Perez v. Saul · filed 2020-05-14(a), (c)(4), and (d)

When determining disability, an ALJ is required to consider a claimant’s impairment-related pain and other subjective symptoms at each step of the sequential evaluation process. 20 C.F.R. §§ 404.1529(a), (d). Accordingly, when a claimant presents “objective medical evidence of an underlying impairment which might reasonably produce the pain or other symptoms [the claimant] alleged,” the ALJ is required to determine the extent to which the claimant’s statements regarding the intensity, persistence, and limiting effects of his or her subjective symptoms (“subjective statements” or “subjective complaints”) are consistent with the record evidence as a whole and, consequently, whether any of the individual’s symptom-related functional limitations and restrictions are likely to reduce the claimant’s capacity to perform work-related activities.

Section 404.1529 requires an ALJ evaluating a claimant's subjective symptoms to consider the objective evidence and specified factors, including daily activities, symptom characteristics, medications, treatment, and other measures used to relieve symptoms.

White v. Commissioner of Social Security · filed 2020-07-30(c)(3)

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) (other citation omitted)). ... 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 supported by substantial evidence and free from legal error.

Section 404.1529 requires an ALJ to determine whether a medically determinable impairment could produce the claimant’s symptoms and then evaluate their intensity, persistence, and limiting effects using relevant factors and the medical and other evidence.

Blackburn v. SSA · filed 2020-08-20(c)(3), (c)(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, 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). ... The ALJ appropriately evaluated the relevant factors and diminished Blackburn’s 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(c)(3) directs an ALJ evaluating a claimant’s subjective symptoms to consider daily activities, symptom characteristics, medication and treatment, relief measures, and other functional limitations.

Vickers v. Commissioner of Social Security · filed 2020-08-26(c)(3)

As to a claimant’s subjective symptoms, the regulations counsel ALJs to consider a number of factors, including: (1) daily activities; (2) location, duration, frequency, and intensity of pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication taken; (5) treatment, other than medication, to relieve pain or other symptoms; (6) any measures used to relieve pain or other symptoms; and (7) other factors concerning functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529(c)(3); SSR 16-3p, 2016 WL 1119029, at *7 (“In addition to using all of the evidence to evaluate the intensity, persistence, and limiting effects of an individual’s symptoms, we will also use the factors set forth in 20 CFR 404.1529(c)(3).”).

Section 404.1529 requires an ALJ to evaluate subjective symptoms in two steps: first determine whether a medically determinable impairment could produce the symptoms, then assess their intensity, persistence, and functional limitations using the relevant factors.

Horne v. Commissioner of Social Security · filed 2020-08-26(b), (c), (c)(3)

An evaluation of subjective complaints should reflect a two-step analysis. See 20 C.F.R. §§ 404.1529, 416.929.2 First, the ALJ must determine whether the evidence shows that the claimant has a medically determinable impairment or impairments that could produce the relevant symptoms. See id. Next, the ALJ must evaluate “the intensity, persistence, or functionally limiting effects of [the] symptom[s].” Id. The relevant factors for the ALJ to weigh include: (1) [the claimant’s] daily activities; (2) [t]he location, duration, frequency and intensity of [the claimant’s] pain or other symptoms; (3) [p]recipitating and aggravating factors; (4) [t]he type, dosage, effectiveness, and side effects of any medication the claimant take[s] or ha[s] taken to alleviate [his or her] pain or other symptoms; (5) [t]reatment, other than medication, [the claimant] receive[s] or ha[s] received for relief of [his or her] pain or other symptoms; (6) [a]ny measures [the claimant] us[es] or ha[s] used to relieve [his or her] pain or other symptoms . . . ; and (7) [o]ther factors concerning [the claimant’s] functional limitations and restrictions due to pain or other symptoms. See 20 C.F.R. §§ 404.1529(c)(3)(i)-(vii), 416.929(c)(3)(i)-(vii)).

Section 404.1529 requires a two-step evaluation of alleged symptoms and directs the ALJ to consider specified factors, without requiring discussion of every factor.

Brazier v. Commissioner of Social Security · filed 2020-08-27(a), (c)(3)

When a claimant alleges impairment-related symptoms, the Commissioner follows a two-step process to evaluate those symptoms. 20 C.F.R. § 404.1529(a); SSR 16-3p, 2017 WL 5180304, *2-8.5 First, the ALJ must determine whether there is an underlying medically determinable physical or mental impairment that could reasonably be expected to produce the claimant’s symptoms, e.g., pain. SSR 16-3p, 2017 WL 5180304, *3-4. Second, the ALJ must evaluate the intensity and persistence of the claimant’s symptoms to determine the extent to which those symptoms limit the claimant’s ability to perform work-related activities. Id. at *3, 5-8. ... 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). ... The ALJ’s rationale properly contemplates the objective evidence, SSR 16-3p, 2017 WL 5180304, *5, and regulatory factors, 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 requires objective medical evidence to corroborate a claimant’s subjective complaints when evaluating symptoms of disability.

RIBAUDO v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-08-28(a)

Instead, objective medical evidence must corroborate a claimant’s subjective complaints. Prokopick v. Comm’r of Soc. Sec., 272 F. App’x 196, 199 (3d Cir. 2008) (citing 20 C.F.R. § 404.1529(a)).

Section 404.1529 requires an ALJ evaluating subjective symptoms to consider the claimant's symptom statements and permits consideration of medication effectiveness, treatment, and daily activities when assessing the intensity and persistence of those symptoms.

Lockwood v. Commissioner of Social Security Administration · filed 2020-09-03(a), (c)(3)(i), (c)(3)(iv), (c)(3)(v)

Social Security regulations require ALJs to consider a claimant’s statements about his symptoms when determining the claimant’s RFC. See 20 C.F.R. §§ 404.1545(a)(3), 404.1529(a). ... Social Security regulations allow ALJs to consider the effectiveness of medications taken to alleviate pain when evaluating the intensity and persistence of a claimant’s subjective symptoms. See 20 C.F.R. § 404.1529(c)(3)(iv). ... When evaluating the intensity and persistence of a claimant’s subjective symptoms, the ALJ may consider the treatment the claimant receives for relief of pain or other symptoms. See 20 C.F.R. § 404.1529(c)(3)(v). ... Although Social Security regulations allow ALJs to consider claimants’ daily activities when assessing the intensity and persistence of the claimants’ subjective symptoms, see 20 C.F.R. § 404.1529(c)(3)(i), the Ninth Circuit has “warned that ALJs must be especially cautious in concluding that daily activities are inconsistent with testimony about pain . . ..”

Section 404.1529(a) requires objective medical evidence of a medically determinable impairment that could reasonably be expected to produce the claimant’s pain or other symptoms before the symptoms’ intensity, persistence, and functional effects are evaluated.

Vazquez v. Commissioner of Social Security Administration · filed 2020-09-03(a)

Once a claimant establishes that her pain is disabling through “objective medical evidence from an acceptable medical source that shows . . . a medical impairment(s) which 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.

Section 404.1529 requires considering a claimant’s symptoms and the extent to which they are consistent with objective medical and other evidence.

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

Looking at the ALJ’s decision against the administrative record, this Court concludes that the ALJ properly considered all of the evidence, weighed the opinion evidence, and provided good reasons for discounting opinions that he did not adopt as required by the regulations. In support of his RFC finding, the ALJ considered all symptoms and the extent to which the symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence based on 20 C.F.R. §§ 404.1529, 416.929 and SSR 16-3p.

Section 404.1529 requires an ALJ, after finding an impairment that could reasonably produce the alleged symptoms, to evaluate their intensity and persistence and consider specified evidence bearing on their effect on the claimant’s ability to work.

Rios v. Commissioner of Social Security · filed 2020-09-08(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), 416.929(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), 416.929(c)(1)-(3).

Section 404.1529 requires an ALJ to consider a claimant’s statements about symptoms when determining residual functional capacity and to consider listed factors including daily activities, pain duration and frequency, medication, and other treatment.

Bates v. Commissioner of Social Security Administration · filed 2020-08-31(a), (c)(3)(i)-(vi)

Social security regulations require that an ALJ consider a claimant’s statements about her symptoms when determining the claimant’s RFC. See 20 C.F.R. §§ 404.1545(a)(3), 404.1529(a). In order to reject the claimant’s statements, the ALJ must either cite evidence of malingering or provide clear and convincing reasons to reject the statements. Benton ex rel. Benton v. Barnhart, 331 F.3d 1030, 1040 (9th Cir. 2003). Social security regulations provide a list of factors for the ALJ to consider. 20 C.F.R. § 404.1529(c)(3)(i-vi). These include the claimant’s daily activities, duration and frequency of pain, medication and other forms of treatment, among other things. Id.

Section 404.1529(c)(2) bars rejecting a claimant’s statements about pain or other symptoms solely because objective medical evidence does not substantiate them.

COUNIHAN v. SAUL · filed 2020-09-09(c)(2)

Plaintiff also argues that the ALJ erroneously evaluated Plaintiff’s subjective complaints in formulating the RFC determination, citing a regulatory provision providing that “we will not reject your statements about the intensity and persistence of your pain or other symptoms . . . solely because the available objective medical evidence does not substantiate your statements.” ... However, the ALJ did not base his RFC finding “solely” on the objective medical evidence, but also considered Plaintiff’s course of treatment and her own reported activities of daily living.

Section 404.1529 requires the ALJ to consider a claimant’s alleged limitations but permits the ALJ to assess their consistency with the record rather than accept subjective complaints without question.

Boucher v. Saul · filed 2020-09-10

While the ALJ was required to take Plaintiff’s alleged limitations into account, she was not required to accept Plaintiff’s subjective complaints without question. Rather, the ALJ here properly exercised her discretion in assessing the consistency of Plaintiff’s alleged limitations in light of other evidence in the record. 20 C.F.R. §§ 404.1529 and 416.929.

Subsection (c)(3) requires an ALJ evaluating a claimant’s alleged symptoms to consider the entire record and factors including daily activities, aggravating factors, and treatment for relief.

Beck v. Social Security Administration · filed 2020-09-11(c)(3)

If the statements are not substantiated by objective medical evidence, the ALJ must evaluate the intensity, persistence, and limiting effects of the alleged symptoms based on the entire record and considering a variety of factors, including the claimant’s daily activities, factors that precipitate and aggravate the symptoms, and the treatment he has received for relief of the pain or other symptoms. Id. at *18-19; 20 C.F.R. § 404.1529(c)(3). ... The ALJ did not disregard plaintiff’s subjective complaints based solely on the lack of objective medical support, as plaintiff seems to suggest. ... The ALJ gave specific reasons for his finding, consistent with the regulatory factors, and supported by substantial evidence in the record.

Section 404.1529 requires an ALJ evaluating subjective symptoms to apply the pain standard and consider factors such as daily activities, symptom intensity, medications, and treatment.

Tredik v. Commissioner of the Social Security Administration · filed 2020-09-11(c)(3)

When a claimant attempts to establish disability through her own testimony concerning pain or other subjective symptoms, we apply a three-part “pain standard,” which requires: (1) evidence of an underlying medical condition, and (2) either (A) objective medical evidence that confirms the severity of the alleged pain stemming from that condition, or (B) that the objectively determined medial condition is so severe that it can reasonably be expected to cause the alleged pain. ... 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) type, dosage, and 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 requires an ALJ to evaluate subjective symptoms by considering objective medical evidence and other relevant evidence, including the listed factors, to determine their intensity, persistence, and effect on work-related activities.

OLIVERI v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-09-11(a), (c), (c)(3)

Specifically, an ALJ must follow a two-step process in evaluating a claimant’s subjective complaints. SSR 16-3p, 2016 WL 1119029 (March 16, 2016). First, the ALJ “must consider whether there is an underlying medically determinable physical or mental impairment(s) that could reasonably be expected to produce an individual’s symptoms, such as pain.” Id. “Second, once an underlying physical or mental impairment(s) that could reasonably be expected to produce an individual’s symptoms is established, [the ALJ] evaluate[s] the intensity and persistence of those symptoms to determine the extent to which the symptoms limit an individual’s ability to perform work-related activities.” Id.; see also Hartranft v. Apfel, 181 F.3d 358, 362 (3d Cir. 1999) (“[Evaluation of the intensity and persistence of the pain or symptom and the extent to which it affects the ability to work] obviously requires the ALJ to determine the extent to which a claimant is accurately stating the degree of pain or the extent to which he or she is disabled by it.”) (citing 20 C.F.R. § 404.1529(c)). In this evaluation, an ALJ considers objective medical evidence as well as other evidence relevant to a claimant’s symptoms. 20 C.F.R. § 404.1529(c)(3) (listing the following factors to consider: daily activities; the location, duration, frequency, and intensity of pain or other symptoms; precipitating and aggravating factors; the type, dosage, effectiveness, and side effects of any medication you take or have taken to alleviate pain or other symptoms; treatment, other than medication, currently received or have received for relief of pain or other symptoms; any measures currently used or have used to relieve pain or other symptoms; and other factors concerning your functional limitations and restrictions due to pain or other symptoms).

Section 404.1529(c) directs an ALJ assessing the intensity and persistence of symptoms to consider objective evidence, symptom characteristics, daily activities, treatment, and inconsistencies with the record.

Whitmore v. Social Security Administration, Commissioner · filed 2020-09-21(c)(3)-(4)

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 his ability to work. See 20 C.F.R. §§ 404.1529(c), 416.929(c); Wilson, 284 F.3d at 1225−26. In evaluating the extent to which the Plaintiff’s symptoms, such as pain, affect his capacity to perform basic work activities, the ALJ will consider (1) objective medical evidence, (2) the nature of 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 evidence. See 20 C.F.R. §§ 404.1529(c)(3), (4), 416.929(c)(3), (4); SSR 16-3p. In order to discredit Plaintiff’s statements, the ALJ must clearly “articulate explicit and adequate reasons.” See Dyer, 395 F.3d at 1210.

Section 404.1529 requires an ALJ to first determine whether a medically determinable impairment could reasonably be expected to produce the claimant’s symptoms, then evaluate their intensity, persistence, and limiting effects; the ALJ need not discuss every relevant factor individually.

Bard v. Commissioner of Social Security · filed 2020-09-21(a), (c)(3)

The longstanding two-part analysis for evaluating symptoms applies. 20 C.F.R. § 404.1529(a). ... Relevant factors to be considered in evaluating symptoms are listed in 20 C.F.R. § 404.1529(c)(3). “It is well established that the ALJ is not required to discuss every factor or conduct a factor-by-factor analysis.”

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

Saunders v. Saul · filed 2020-09-14(c)(3)

When determining the credibility of a claimant’s subjective complaints, the ALJ must consider all evidence relating to the complaints, including the claimant’s daily activities; the duration, frequency and intensity of the symptoms; any precipitating and aggravating factors; the dosage, effectiveness and side effects of medication; and any functional restrictions. 20 C.F.R. § 404.1529(c)(3); SSR 16-3p; Halverson v. Astrue, 600 F.3d 922, 931 (8th Cir. 2010); Polaski, 739 F.2d at 1322.

Section 404.1529(a) requires an ALJ to consider all statements about a claimant's symptoms and requires objective medical evidence of an impairment that could reasonably be expected to produce alleged pain, because statements about pain alone do not establish disability.

Reid v. Berryhill · filed 2020-09-28(a)

“In assessing a claimant's symptoms, an ALJ must consider all of the claimant's statements about [her] symptoms, including [her] subjective allegations of pain and its effect on [her] daily life and ability to work.” Anderson, 682 F. Supp. 2d at 97 (citing 20 C.F.R. § 404.1529(a)). Statements regarding pain, however, “will not alone establish that you are disabled. There must be objective medical evidence from an acceptable medical source that shows [ ] a medical impairment which could reasonably be expected to produce the pain . . . and that, when considered with all of the other evidence . . . would lead to a conclusion that [the claimant is] disabled.” 20 C.F.R. § 404.1529(a).

Section 404.1529(c)(3) recognizes pain and other symptoms as relevant to functional loss when medical signs or laboratory findings show a medically determinable impairment that could reasonably be expected to cause them.

Barnes v. Commissioner of Social Security · filed 2020-09-28(c)(3)

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

Section 404.1529 requires an ALJ to evaluate a claimant’s pain and other symptoms in two steps: first determine whether a medically determinable impairment could reasonably be expected to produce them, then assess their intensity, persistence, and work-related effects using objective and other evidence and specified factors.

Abrams v. Social Security Administration, Commissioner · filed 2020-09-29(a), (b), (c), (c)(3), and (c)(4)

Subjective testimony of pain and other symptoms may establish the presence of a disabling impairment if it is supported by medical evidence. ... The claimant must show evidence of an underlying medical condition and either (1) objective medical evidence that confirms the severity of the alleged symptoms arising from the condition, or (2) that the objectively determined medical condition is of such severity that it can reasonably be expected to give rise to the alleged symptoms. See 20 C.F.R. § 404.1529(a), (b); Social Security Ruling 16-3p, 2017 WL 5180304, at *3-*4 (Oct. 25, 2017) (“SSR 16-3p”); Wilson v. Barnhart, 284 F.3d 1219, 1225 (11th Cir. 2002). ... If the first part of the pain standard is satisfied, the ALJ then evaluates the intensity and persistence of a claimant’s alleged symptoms and their effect on her ability to work. See 20 C.F.R. § 404.1529(c); Wilson, 284 F.3d at 1225-26. ... In evaluating the extent to which a claimant’s symptoms affect her capacity to perform basic work activities, the ALJ will consider (1) objective medical evidence, (2) the nature of a claimant’s symptoms, (3) the claimant’s daily activities, (4) precipitating and aggravating factors, (5) the effectiveness of medication, (6) treatment sought for relief of symptoms, (7) any measures the claimant takes to relieve symptoms, and (8) any conflicts between a claimant’s statements and the rest of the evidence. See 20 C.F.R. § 404.1529(c)(3), (4); SSR 16-3p at *4, *7-*8. ... Accordingly, there is no error in the ALJ’s consideration of Ms. Abrams’s subjective complaints.

Section 404.1529 requires the Commissioner to evaluate the intensity, persistence, and limiting effects of a claimant’s symptoms using the medical evidence and other relevant factors, including daily activities, treatment, and measures used for relief.

Mooradian v. Commissioner of Social Security · filed 2020-09-29(c)(1)-(3)

The ALJ addressed plaintiff’s symptoms and the evidence based on the requirements of 20 C.F.R. § 404.1529 and Social Security Ruling (SSR) 16-3p. ... SSR 16-3p sets out the two-step process for evaluating an individual’s symptoms: (1) “We determine whether the individual has a medically determinable impairment (MDI) that could reasonably be expected to produce the individual's alleged symptoms;” and, (2) “We evaluate the intensity and persistence of an individual’s symptoms such as pain and determine the extent to which an individual’s symptoms limit his or her ability to perform work-related activities.” SSR 16-3p, 2017 WL 5180304 (Oct. 25, 2017). See 20 C.F.R. § 404.1529(c)(1) and (2). The Commissioner also considers other evidence including: (i) Your daily activities; (ii) The location, duration, frequency, and intensity of your pain or other symptoms; (iii) Precipitating and aggravating factors; (iv) The type, dosage, effectiveness, and side effects of any medication you take or have taken to alleviate your pain or other symptoms; (v) Treatment, other than medication, you receive or have received for relief of your pain or other symptoms; (vi) Any measures you use or have used to relieve your 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) Other factors concerning your functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529(c)(3). ... Here, the ALJ found that plaintiff’s medically determinable impairments could reasonably be expected to cause the alleged symptoms, but that plaintiff’s statements concerning the intensity, persistence and limiting effects of these symptoms are not entirely consistent with the medical evidence and other evidence in the record. ... In short, plaintiff did not meet the second prong of the Duncan analysis because the objective medical evidence did not confirm the severity of the alleged pain arising from his medical condition, and, while plaintiff had severe impairments, his objectively determined medical condition was not of a severity that could be expected to give rise to the alleged pain. The ALJ’s decision is 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 and then evaluate their intensity, persistence, and limiting effects using objective and other evidence and specified factors.

Bigler v. Commissioner of Social Security · filed 2020-09-29(b), (c), (c)(3), and (c)(4)

The ALJ first must determine that there is a “medically determinable impairment that could reasonably be expected to produce [the claimant’s] symptoms[.]” 20 C.F.R. § 404.1529(b). If the ALJ concludes that a claimant has an underlying impairment, the ALJ must evaluate the intensity, persistence and limiting effects of the claimant’s symptoms on the claimant’s ability to work. 20 C.F.R. § 404.1529(c). ... In evaluating the plaintiff’s subjective statements, the ALJ must consider seven factors: (1) the claimant’s daily activities; (2) the location, duration, frequency and intensity of claimant’s pain and other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness and side effects of any medication the claimant takes or has taken to alleviate pain or other symptoms; (5) any treatment, other than medication, the claimant has received; (6) any other measures the claimant employs to relieve pain or other symptoms; and (7) other factors concerning the claimant’s functional limitations and restrictions as a result of pain or other symptoms. 20 C.F.R. § 404.1529(c)(3); see also Gallagher, 243 F. Supp. 3d at 306. An ALJ need not review each factor in his opinion. ... Accordingly, the ALJ’s credibility determination was not supported by substantial evidence, and should also be revisited on remand.

Section 404.1529(c)(3) treats medication side effects as a symptom-evaluation factor, and an ALJ need not expressly link a claimant’s fatigue to a medication when the fatigue itself was considered.

Mont v. Commissioner of Social Security · filed 2020-09-29(c)(3)

Magistrate Netburn made this statement to support her finding that the ALJ’s failure to explicitly discuss the side effects of one of Mont’s medications, a factor included in 20 C.F.R. § 404.1529(c)(3), was not legal error. ... A de novo review reveals that the ALJ did consider Mont’s fatigue, even if he did not explicitly refer to it as a side effect of a particular medication. ... The fact that the ALJ did not explicitly connect Mont’s reported fatigue to a medication does not mean the fatigue itself, the alleged side effect in question, was not considered by the ALJ in his decision-making. Because the ALJ properly considered Mont’s fatigue, there is no need to “glean the rationale of the ALJ’s decision.”

Section 404.1529 requires an ALJ to consider a claimant’s statements about symptoms, but those statements alone do not establish disability; objective medical evidence must show an impairment that could reasonably be expected to produce the alleged symptoms, considered with the other evidence.

DELONG v. BERRYHILL · filed 2020-09-29

See 20 C.F.R. § 404.1529 (stating that the ALJ will consider a claimant’s statements about their symptoms, but noting that those statement alone are not sufficient to establish disability and that “[t]here must be objective medical evidence from an acceptable medical source that shows you have a medical impairment(s) which could reasonably be expected to produce the pain or other symptoms alleged and that, when considered with all of the other evidence . . . would lead to a conclusion that you are disabled”). ... We conclude that the ALJ relied on more than a mere scintilla of medical evidence in the record in his determination that the Reports and Plaintiff’s “statements concerning the intensity, persistence and limiting effects of [her] symptoms are not entirely consistent with the medical evidence and other evidence in the record.”

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

Chase v. Commissioner of Social Security · filed 2020-09-30(a)

If a claimant’s testimony is not supported by objective medical evidence, the ALJ employs a two-step process to evaluate the claimant’s reported symptoms: (1) the ALJ determines if the claimant has medically determinable impairments that could produce the alleged symptoms; and (2) if the impairments do exist, the ALJ evaluates the intensity, persistence, and limiting effects of the symptoms to determine the extent to which the symptoms limit the claimant’s ability to work. See Pidkaminy, 919 F. Supp. 2d at 249 (citing 20 C.F.R. § 404.1529(a)).

Section 404.1529(c)(3) requires the Commissioner to consider specified factors, including daily activities, symptom characteristics, medication, functional restrictions, work history, and objective medical evidence, when evaluating a claimant’s symptoms.

Karahodzic v. Berryhill · filed 2020-09-21(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.

Section 404.1529 requires an ALJ evaluating subjective symptoms to consider the listed factors, including daily activities, and not reject pain complaints solely because objective evidence does not substantiate them.

Epstein v. Commissioner of Social Security · filed 2020-09-24(c)(2), (c)(3)

The relevant regulations set out a seven-factor test to evaluate a plaintiff’s own subjective statements regarding pain.9 See 20 C.F.R. § 404.1529(c)(3). ... The ALJ cannot “reject the claimant’s ... statements about the intensity and persistence of [his] pain or other symptoms or about the effect [his] symptoms have on [his] ability to work solely because the available objective evidence does not substantiate the claimant’s statements.”

Section 404.1529(c)(3) requires an ALJ to consider the relevant listed factors when evaluating a claimant’s subjective symptoms, and failure to do so warrants remand.

Ritchie v. Berryhill · filed 2020-09-29(c)(3)

As an initial matter, the Court notes that, in rejecting Plaintiff’s subjective complaints, the ALJ did not expressly consider the relevant factors outlined above. (See Discussion, supra, at Section I(F); 20 C.F.R. §§ 404.1529(c)(3)(i)-(vii), 416.929(c)(3).) Instead, without reviewing those factors, the ALJ summarily concluded that Plaintiff’s Hearing testimony contradicted the “medical and other evidence” in the Record. This was insufficient.

Section 404.1529(a) requires an ALJ first to determine whether a medically determinable impairment could reasonably produce the alleged symptoms and then to evaluate the symptoms’ intensity, persistence, and limiting effects on the claimant’s ability to perform basic work activities.

Theroux v. Commissioner of Social Security · filed 2020-08-27(a)

In considering symptoms, an ALJ follows a two-step process, prescribed by regulation. An ALJ must first determine whether there is an underlying medically determinable impairment that could reasonably be expected to produce the claimant’s alleged symptoms; second, if such an impairment exists, the ALJ must evaluate the intensity, persistence, and limiting effects of those symptoms on the claimant’s ability to do basic work activities. 20 C.F.R. §§ 404.1529(a), 416.929(a).

Section 404.1529 requires an ALJ to evaluate the intensity and persistence of a claimant’s symptoms against the record, consider inconsistencies or conflicts, and give explicit and adequate reasons when discounting the claimant’s testimony.

Jackson v. Commissioner of Social Security · filed 2020-10-01(c)(1), (c)(4)

Where, as here, “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.” Strickland v. Comm’r of Soc. Sec., 516 F. App’x 829, 831 (11th Cir. 2013) (citing 20 C.F.R. § 404.1529(c)(1)) (unpublished). In doing so, the ALJ should “examine the claimant’s statements regarding her symptoms in relation to all other evidence, and consider whether there are any inconsistencies or conflicts between those statements and the record.” Id. at 832 (citing 20 C.F.R. § 404.1529(c)(4)). “If the ALJ decides not to credit the claimant’s testimony as to her subjective symptoms, the ALJ must articulate explicit and adequate reasons for doing so or the record must be obvious as to the credibility finding.” Id. Plaintiff’s argument is not well taken because the ALJ articulated sufficient reasons for discounting Plaintiff’s testimony. A review of the ALJ’s decision demonstrates that the ALJ spent several pages assessing the medical evidence related to Plaintiff’s physical and mental functioning in order to demonstrate that it did not support Plaintiff’s testimony. (Tr. 15–20.) Thus, the record reveals that the ALJ provided an adequate basis to explain why she partially discredited portions of Plaintiff’s subjective complaints where they contradicted other, objective evidence.

Section 404.1529(c) requires an ALJ evaluating a claimant’s subjective symptoms to consider all available evidence, including daily activities, objective medical evidence, medication, and other treatment.

Greene v. Social Security Administration, Commissioner · filed 2020-10-06(c)

In evaluating a claimant’s testimony and other statements regarding the intensity, persistence, and limiting effects of his symptoms, an ALJ considers all available evidence, including a claimant’s daily activities; objective medical evidence; the type, dosage, and effectiveness of medication taken to alleviate symptoms; and treatment other than medication received to relieve symptoms. 20 C.F.R. § 404.1529(c).

Section 404.1529 requires an ALJ to evaluate a claimant’s subjective symptoms at the RFC stage, and a claimant’s complaints alone are insufficient to establish disability; the ALJ may discount inconsistent symptom testimony when reasons are clearly articulated and supported by substantial evidence.

Reed v. Social Security Administration, Commissioner · filed 2020-10-13(a), (c)

A claimant’s subjective complaints alone are insufficient to establish disability under the Act. See 20 C.F.R. §§ 404.1529(a), 416.929(a); Edwards v. Sullivan, 937 F.2d 580, 584 (11th Cir. 1991). ... The relevant pain standard applies during the fourth step of the ALJ’s determination of Plaintiff’s RFC. 20 C.F.R. 20 C.F.R. §§ 404.1529(c), 416.929(c)-(d). ... In summary, the ALJ considered Plaintiff’s activities of daily living, the frequency, intensity, and inhibiting effects of her symptoms, the types and dosages of her medications, and concluded that Plaintiff’s subjective complaints were inconsistent with her testimony and the medical records. Thus, the ALJ adequately explained his reasons for discrediting Plaintiff’s subjective testimony. The court concludes that the ALJ followed the correct legal standards and that his decision to discredit Plaintiff’s subjective evidence regarding the severity of her pain is supported by substantial evidence in the record.

Section 404.1529(c)(3) permits an ALJ evaluating subjective symptoms to consider daily activities, the nature of the symptoms, efforts to alleviate them, the type and efficacy of treatment, and other factors concerning functional limitations and restrictions.

Evans v. Commissioner of the Social Security Administration · filed 2020-10-14(c)(3)

In assessing Evans’s subjective symptoms complaints, the ALJ expressly discussed most of the factors listed in SSR 16-3p, 2016 SSR LEXIS 4 *15-19; 20 C.F.R. §§ 404.1529(c)(3). He clearly considered the nature of Evans’s symptoms, her efforts to alleviate her symptoms, the type and efficacy of any treatment, and the fact that her symptoms seemed to be similar to the symptoms she had been experiencing when she was working. He cited specific reasons for his determination and properly evaluated her subjective complaints.

Section 404.1529 requires an ALJ evaluating symptoms to use a two-step process, consider all available evidence and the listed factors including medication side effects, and not reject statements solely because objective medical evidence does not substantiate them.

Plaza v. Commissioner of Social Security · filed 2020-10-16(c)(1)-(4)

Assessment of a claimant’s subjective complaints about his or her symptoms or the effect of those symptoms on the claimant’s ability to work involves a two-step process. Where a claimant complains that certain symptoms limit his or her capacity to work, the ALJ is required, first, to determine whether the claimant suffers from a “medically determinable impairment[ ] that could reasonably be expected to produce” the symptoms alleged. 20 C.F.R. § 404.1529(c)(1). Assuming the ALJ finds such an impairment, then the ALJ must take the second step of “evaluat[ing] the intensity and persistence of [the claimant’s] symptoms,” considering “all of the available evidence,” to determine “how [the] symptoms limit [the claimant’s] capacity for work.” Id. § 404.1529(c)(1). In doing so, the ALJ must consider all of the available evidence, and must not “reject [ ] statements about the intensity and persistence” of the claimant’s symptoms “solely because the available objective medical evidence does not substantiate [the claimant’s] statements.” Id. § 404.1529(c)(2). Instead, where the claimant’s contentions regarding his or her symptoms are not substantiated by the objective medical evidence, the ALJ must evaluate the claimant’s statements in relation to the objective evidence and other evidence, in order to determine the extent to which the claimant’s symptoms affect his or her ability to do basic work activities. ... The factors that an ALJ should consider in evaluating the claimant’s subjective complaints, where they are not supported by objective medical evidence alone, are: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medications taken to alleviate the symptoms; (5) any treatment, other than medication, that the claimant has received for relief of the symptoms; (6) any other measures that the claimant employs to relieve the symptoms; and (7) other factors concerning the claimant’s functional limitations and restrictions as a result of the symptoms.

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

Black, Jr. v. Saul · filed 2020-10-19(c)

When assessing a claimant’s subjective ... symptom allegations, an ALJ must consider several factors, including the objective medical evidence, the claimant’s daily activities, his level of pain or symptoms, aggravating factors, medication, course of treatment, and functional limitations. 20 C.F.R. § 404.1529(c); 20 C.F.R. § 416.929(c); SSR 16-3p, 2017 WL 5180304, at *5, *7-8 (Oct. 25, 2017).

Section 404.1529 requires a two-step evaluation of symptoms and consideration of objective, source, treatment, and other evidence, including listed factors bearing on functional limitations.

Davis v. Commissioner of Social Security · filed 2020-10-20(a), (c), and (c)(3)

A claimant’s statements of pain or other symptoms alone are not sufficient to establish the existence of a physical or mental impairment or disability. 20 C.F.R. § 404.1529(a); SSR 16-3p, 2017 WL 5180304. When a claimant alleges impairment-related symptoms, a two-step process is used to evaluate those symptoms. 20 C.F.R. § 404.1529(c); 2017 WL 5180304, *2-8. First, a determination is made as to whether there is an underlying medically determinable physical or mental impairment that could reasonably be expected to produce the claimant’s symptoms, e.g., pain. Id., *3-4. Second, once the foregoing is demonstrated, an evaluation of the intensity and persistence of the claimant’s symptoms is necessary to determine the extent to which the symptoms limit the claimant’s ability to perform work-related activities. Id. at *3, 5-8. To evaluate a claimant’s subjective symptoms, an ALJ considers the claimant’s complaints along with the objective medical evidence, information from medical and non-medical sources, treatment received, and other evidence. Id. In addition to this evidence, the factors set forth in 20 C.F.R. 404.1529(c)(3) are considered: daily activities; location, duration, frequency, and intensity of pain or other symptoms; factors that precipitate and aggravate the symptoms; type, dosage, effectiveness, and side effects of any medication taken to alleviate pain or other symptoms; treatment, other than medication for relief of pain or other symptoms; measures other than treatment a claimant uses to relieve pain or other symptoms, e.g., lying flat on one’s back; and any other factors pertaining to a claimant’s functional limitations and restrictions due to pain or other symptoms. Id. at *7-8. The ALJ’s decision “must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly articulated so the individual and any subsequent reviewer can assess how the adjudicator evaluated the individual's symptoms.” Id. at *10. ... Davis offers no other reasons as to why she believes the ALJ erred when assessing her statements regarding her pain and other symptoms. She has not, therefore, identified an error on the part of the ALJ. Accordingly, the ALJ’s decision is affirmed.

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

Sandridge v. Social Security Administration, Commissioner · filed 2020-10-21(c)(3)

When evaluating the claimant’s subjective complaints, 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) type, dosage, and effects of medications; and (5) treatment or measure taken by the claimant for relief of symptoms. Tredik, 2020 WL 5496290 at *5 (citing 20 C.F.R. § 404.1529(c)(3)).

Section 404.1529 requires an ALJ to evaluate the intensity, persistence, and work-related effects of a claimant’s symptoms when an impairment could reasonably be expected to produce them, even if objective evidence does not confirm their severity.

Lopez v. Social Security Administration, Commissioner · filed 2020-10-22(a)-(d)

When a claimant attempts to prove disability based on his subjective complaints, he must provide evidence of an underlying medical condition and either (1) objective medical evidence confirming the severity of his alleged symptoms, or (2) evidence establishing that his medical condition could be reasonably expected to give rise to his alleged symptoms. 20 C.F.R. §§ 404.1529 (a)-(b), 416.929 (a)-(b); SSR 16-3p; Wilson, 284 F.3d at 1225-26. If the objective medical evidence does not confirm the severity of the claimant’s alleged symptoms but the claimant establishes that he has an impairment that could reasonably be expected to produce his alleged symptoms, the ALJ must evaluate the intensity and persistence of the claimant’s alleged symptoms and their effect on this claimant’s ability to work. 20 C.F.R. §§ 404.1529 (c)-(d), 416.929 (c)-(d).

Section 404.1529(a) requires an ALJ to evaluate the intensity and persistence of a claimant’s symptoms using all available evidence, including medical history, medical signs and laboratory findings, and statements about how the symptoms affect the claimant.

Nilles v. O'Malley · filed 2020-10-19(a)

In the second step, the ALJ evaluates the intensity and persistence of a claimant’s symptoms by considering “all of the available evidence, including [the claimant’s] medical history, the medical signs and laboratory findings and statements about how ... [the claimant’s] symptoms affect [her].”

Section 404.1529 requires the ALJ to first determine whether a claimant’s medically determinable impairment could reasonably be expected to produce the alleged symptoms, then evaluate the intensity and persistence of those symptoms.

SILAS v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-10-27

The ALJ also properly followed the required two-step process for evaluating Plaintiff’s subjective complaints: first evaluating the medical impairment to determine whether it could be expected to produce the complained of symptoms, and next evaluating the claimed intensity and persistence of those symptoms. Hartranft v. Apfel, 181 F.3d 358, 362 (3d Cir. 1999). While following this process, the ALJ accounted for Plaintiff’s claims regarding the intensity of his hip pain, identified contradictory evidence regarding those symptoms in the record, and then cogently explained his decision to credit evidence that suggested Plaintiff’s symptoms were not fully disabling. (R. 17-19; see also 20 C.F.R. § 404.1529).

Section 404.1529(c)(2) bars rejecting statements about symptom intensity and persistence solely because objective medical evidence does not substantiate them, while subsection (c)(3)(i) permits consideration of a claimant's daily activities when evaluating symptoms.

Ryan v. Saul · filed 2020-10-29(c)(2), (c)(3)(i)

But the ALJ may not reject the claimant’s statements about the intensity and persistence of their pain or other symptoms “solely because the available objective medical evidence does not substantiate [the claimant’s] statements.” 20 C.F.R. § 404.1529(c)(2). ... Daily activities can be considered in assessing a claimant’s credibility. 20 C.F.R. § 404.1529(c)(3)(i). ... The ALJ did not make specific findings as to whether Ryan’s activities are transferable to a work setting, as the Ninth Circuit has instructed. Instead, the ALJ simply concluded that since Ryan testified to riding a bicycle, camping, or exercising, as directed by her treating physicians, then she must be able to engage in a sedentary level of work. Therefore, the Court finds the ALJ fell short of providing specific, clear, and convincing reasons for rejecting Ryan’s testimony based on her daily activities.

Section 404.1529(c)(3)(v) and (vi) treat measures, course of treatment, and lack of treatment as relevant factors when evaluating subjective complaints and determining an onset date.

Chapman v. Social Security Administration, Commissioner · filed 2020-11-03(c)(3)(v), (vi)

The measures a plaintiff takes, her course of treatment, and the lack of treatment are all relevant factors in evaluating subjective complaints and determining an onset date. 20 C.F.R. § 404.1529(c)(3)(v), (vi); SSR 18-01p, 2018 WL 4945639, at *6.

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

Corbett v. Commissioner of Social Security · filed 2020-11-03(c)(3)

The ALJ must assess the claimant’s subjective complaints by considering the record in light of the following symptom-related factors: (1) claimant’s daily activities; (2) location, duration, frequency, and intensity of claimant’s symptoms; (3) precipitating and aggravating factors; (4) 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 claimant’s functional limitations and restrictions due to symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3).

Section 404.1529 requires consideration of all objective and subjective evidence when evaluating the intensity, persistence, and limiting effects of symptoms, including symptom characteristics, treatment and medication effectiveness, activities, and inconsistencies with the record.

Vording v. Social Security Administration, Commissioner · filed 2020-11-04(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, 2017 WL 5180304 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), 416.929(c)(3), (4); SSR 96-7p, SSR 16-3p, 2017 WL 5180304 at *4-5.

Section 404.1529(c) requires an ALJ evaluating a claimant’s subjective symptoms to consider objective medical evidence and other evidence, including medical opinions, treatment providers’ notes, daily activities, and work history.

Matthews v. Saul · filed 2020-11-05(c)

To evaluate Matthews’s subjective symptoms, the ALJ needed to consider the objective medical evidence and other evidence, including medical opinions, his treatment providers’ notes, his daily activities, and his work history. See 20 C.F.R. § 404.1529(c). ... The record demonstrates that the ALJ considered the relevant regulatory factors.

Section 404.1529 requires an ALJ to take a claimant’s subjective symptom evidence into account and consider relevant factors, but does not require a formalistic factor-by-factor recitation when the ALJ identifies specific supporting evidence.

Montoya v. Commissioner, Social Security Administration · filed 2020-11-05(c)(3)

In Luna, the Tenth Circuit recognized that “subjective” evidence of pain must be properly evaluated by the ALJ. 834 F.2d at 165–166. A regulation also explicitly states that “subjective” evidence “will be taken into account.” 20 C.F.R. § 404.1529(3). Several factors the ALJ should consider regarding subjective reports are listed in that regulation. Id. However, the Tenth Circuit “does not require a formalistic factor-by-factor recitation of the evidence . . . [s]o long as the ALJ sets forth the specific evidence he relies on in evaluating the claimant’s credibility.” Poppa v. Astrue, 569 F.3d 1167, 1171 (10th Cir. 2009).

Section 404.1529 requires an ALJ to use a two-step process to evaluate subjective symptoms and, when objective medical evidence alone is insufficient, consider the details of the record as a whole.

Oconnor v. Commissioner of Social Security · filed 2020-11-05(a)-(c)

The Regulations require a two-step process for the ALJ to assess a claimant’s subjective symptoms. 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’ capacity to work. 20 C.F.R. §§ 404.1529(b)-(c). When the objective medical evidence alone does not substantiate the claimant’s alleged symptoms, the ALJ must assess the claimant’s statements considering the details of the case record as a whole, including daily activities, precipitating and aggravating factors, and medication and other treatment. 20 C.F.R. §§ 404.1529(c)(3)(i)-(vii). ... Besides the imaging and exam findings, the ALJ also cited Plaintiff’ s independent activities of daily living, which undermined his allegations of disabling pain. In sum, the ALJ evaluated Plaintiff's subjective symptoms using the details of the record as a whole. While Plaintiff may disagree with the result, the Court finds no error in the ALJ’s analysis and reasoning.

Section 404.1529 requires an ALJ to evaluate a claimant’s symptoms through a two-step process, using objective medical evidence and other relevant evidence, including the listed factors, to assess their intensity, persistence, and work-related limits.

KUHL v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-11-06(a), (c), and (c)(3)

Specifically, an ALJ must follow a two-step process in evaluating a claimant’s subjective complaints. ... First, the ALJ “must consider whether there is an underlying medically determinable physical or mental impairment(s) that could reasonably be expected to produce an individual’s symptoms, such as pain.” ... “Second, once an underlying physical or mental impairment(s) that could reasonably be expected to produce an individual’s symptoms is established, [the ALJ] evaluate[s] the intensity and persistence of those symptoms to determine the extent to which the symptoms limit an individual’s ability to perform work-related activities[.]” ... In this evaluation, an ALJ considers objective medical evidence as well as other evidence relevant to a claimant’s symptoms. 20 C.F.R. §§404.1529(c)(3) (listing the following factors to consider: daily activities; the location, duration, frequency, and intensity of pain or other symptoms; precipitating and aggravating factors; the type, dosage, effectiveness, and side effects of any medication you take or have taken to alleviate pain or other symptoms; treatment, other than medication, currently received or have received for relief of pain or other symptoms; any measures currently used or have used to relieve pain or other symptoms; and other factors concerning your functional limitations and restrictions due to pain or other symptoms).

Section 404.1529 requires an ALJ to consider conflicts between a claimant’s subjective statements and other record evidence, and to treat symptoms as limiting only when reasonably consistent with medical and other evidence.

Watson v. Commissioner Social Security Administration · filed 2020-11-06(c)(4)

The regulations require an ALJ to consider whether there are conflicts between a claimant’s subjective statements and other evidence in the record. Further, subjective symptoms will be determined to diminish a claimant’s capacity to work only if those symptoms can reasonably be accepted as consistent with medical and other evidence.

Section 404.1529 requires a two-step evaluation of subjective symptoms: the ALJ first determines whether a medically determinable impairment could reasonably produce the symptoms and then evaluates their intensity, persistence, and effect on work-related activities using objective and other relevant evidence.

MANHEIMER v. COMMISSIONER OF SOCIAL SECURITY · filed 2021-02-16(a), (c)

“Subjective allegations of pain or other symptoms cannot alone establish a disability.” ... Instead, objective medical evidence must corroborate a claimant’s subjective complaints. Prokopick v. Comm’r of Soc. Sec., 272 F. App’x 196, 199 (3d Cir. 2008) (citing 20 C.F.R. § 404.1529(a)). Specifically, an ALJ must follow a two-step process in evaluating a claimant’s subjective complaints. ... First, the ALJ “must consider whether there is an underlying medically determinable physical or mental impairment(s) that could reasonably be expected to produce an individual’s symptoms, such as pain.” Id. “Second, once an underlying physical or mental impairment(s) that could reasonably be expected to produce an individual’s symptoms is established, [the ALJ] evaluate[s] the intensity and persistence of those symptoms to determine the extent to which the symptoms limit an individual’s ability to perform work-related activities[.]” Id.; see also Hartranft v. Apfel, 181 F.3d 358, 362 (3d Cir. 1999) (“[Evaluation of the intensity and persistence of the pain or symptom and the extent to which it affects the ability to work] obviously requires the ALJ to determine the extent to which a claimant is accurately stating the degree of pain or the extent to which he or she is disabled by it.”) (citing 20 C.F.R. § 404.1529(c)). ... Here, the ALJ properly followed this two-step evaluation process. ... Accordingly, this Court concludes that the ALJ has sufficiently explained his reasoning in assessing Plaintiff’s subjective complaints and, in turn, his evaluation of the opinions of Dr. Kwan and Dr. Song, and that his findings in this regard are supported by substantial evidence in the record.

Section 404.1529 requires objective medical evidence of an impairment that could reasonably produce the alleged symptoms, but an ALJ may not reject symptom testimony solely because objective evidence does not corroborate its severity and must evaluate that testimony against the objective and other evidence.

Seliverstova v. Commissioner of Social Security Administration · filed 2021-02-18(a), (c)(3), (c)(4)

Because the severity of an impairment may be greater than what can be shown by objective medical evidence alone, the ALJ considers a claimant’s subjective testimony regarding pain and symptoms. 20 C.F.R. § 404.1529(c)(3); Burch v. Barnhart, 400 F.3d 676, 680 (9th Cir. 2005). The claimant, however, must still show objective medical evidence of an underlying impairment that could reasonably be expected to produce the pain or symptoms alleged. 42 U.S.C. § 423(d)(5)(A); 20 C.F.R. § 404.1529(a). However, while such evidence is required to show the existence of an underlying impairment, “the [ALJ] may not discredit the claimant’s testimony as to subjective symptoms merely because they are unsupported by objective evidence.” Berry v. Astrue, 622 F.3d 1228, 1234 (9th Cir. 2010). Nevertheless, the ALJ evaluates the testimony in relation to the objective medical evidence and other evidence in determining the extent to which the pain or symptoms affect her capacity to perform basic work activities. 20 C.F.R. § 404.1529(c)(4). ... Because the ALJ found Plaintiff’s testimony concerning the severity of her conditions incredible for several specific reasons, the ALJ was free to discount Plaintiff’s subjective statements, even though some of Plaintiff’s statements may have been supported by other evidence in the record. ... The Court finds that the ALJ did not pick isolated instances of improvement, and did not err in finding that Plaintiff’s records, overall, are inconsistent with her testimony.

Section 404.1529 does not require a disability finding from subjective complaints alone and requires the ALJ to consider reported symptom-related limitations that can reasonably be accepted as consistent with the objective medical and other evidence.

Burke v. Saul · filed 2021-02-22(a), (c)(3)

Subjective complaints, alone, do not require an ALJ to find that the claimant is disabled. 20 C.F.R. §§ 404.1529(a), 416.929(a). The ALJ was required to consider “any symptom-related functional limitations and restrictions that [Burke’s] medical sources or nonmedical sources report, which can reasonably be accepted as consistent with the objective medical evidence and other evidence.” 20 C.F.R. § 404.1529(c)(3). ... This evidence, outlined above, is exactly the type of evidence that the ALJ may consider when he weighs evidence of Burke’s subjective pain symptoms and the “intensity, duration, and [the] limiting effects” resulting from those symptoms. Hoyman, 606 F. App’x at 681. ... Substantial evidence supports the ALJ’s decision; he cited more than a “mere scintilla” of evidence in making his determination of Burke’s RFC and in his evaluation of Burke’s reported intensity, persistence, and the limiting effects of her symptoms. See Biestek, 139 S. Ct. at 1154.

Section 404.1529(c)(3) requires an ALJ evaluating symptom intensity, persistence, and limiting effects to consider the entire record and factors including daily activities, symptom characteristics and triggers, medication, other treatment and relief measures, and other symptom-related functional limitations.

Goodwin v. Saul · filed 2021-02-23(c)(3)

In addition to using all of the evidence to evaluate the intensity, persistence, and limiting effects of an individual’s symptoms, the ALJ should also consider the factors set forth in 20 C.F.R. § 404.1529(c)(3). Id. at *7. These factors include: (1) daily activities; (2) the 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 an individual takes or has taken to alleviate pain or other symptoms; (5) treatment, other than medication, an individual receives or has received for relief of pain or other symptoms; (6) any measures other than treatment an 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 an individual’s functional limitations and restrictions due to pain or other symptoms. ... A review of the ALJ’s decision shows that he considered all the evidence in the record and, in finding that the record was “not entirely consistent” with Plaintiff’s testimony, appropriately discounted her subjective assessment regarding her disabling limitations. ... The ALJ relies not only on the objective medical evidence but also the frequency of treatment, clinical observations, medications, treatment responses, and inconsistences in Plaintiff’s own statements throughout the course of her treatment. ... Consequently, the court finds that substantial evidence supports the ALJ’s determination that Plaintiff’s “statements, concerning the intensity, persistence and limiting effects of these symptoms are not entirely consistent with the medical evidence and other evidence in the record.”

Section 404.1529(c)(2) makes objective medical evidence relevant to the severity and disabling effects of pain, but lack of objective corroboration cannot by itself justify rejecting a claimant’s symptom testimony.

Ransier v. Saul · filed 2021-02-24(c)(2)

The medical evidence is a relevant factor in determining the severity of a claimant’s pain and its disabling effects. Rollins, 261 F.3d at 857; 20 C.F.R. § 404.1529(c)(2). ... As discussed in detail above, the two additional reasons given by the ALJ for discounting Plaintiff’s symptom claims were legally insufficient. Thus, because lack of corroboration by objective evidence cannot stand alone as a basis for a rejecting Plaintiff’s symptom claims, the ALJ’s finding is inadequate. The Court concludes that the ALJ did not provide clear and convincing reasons, supported by substantial evidence, for rejecting Plaintiff’s symptom claims. On remand, the ALJ must reconsider Plaintiff’s symptom claims.

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider all available evidence, including objective medical evidence and opinions, daily activities, medication type, dosage and effectiveness, and precipitating and aggravating factors.

Lopez v. Social Security Administration, Commissioner · filed 2021-02-24(c)(3)

When evaluating a claimant’s subjective symptoms, the ALJ must consider all available evidence, including objective medical evidence and opinions; the claimant’s daily activities; the type, dosage, and effectiveness of medications taken to alleviate the symptoms; and factors that precipitate and aggravate the symptoms. 20 C.F.R. § 404.1529(c)(3); SSR 16-3p. ... In evaluating the claimant’s subjective symptoms, the ALJ recounted thoroughly the evidence in the record and considered all available evidence, including objective medical source opinions, the claimant’s daily activities, and the effectiveness of his medications to alleviate the symptoms. See 20 C.F.R. § 404.1529(c)(3); SSR 16-3p (the ALJ must consider these things in making his determination regarding the claimant’s subjective complaints). ... So, the court finds that, based on the record as a whole, substantial evidence supports the ALJ’s findings regarding the limiting effects of the claimant’s mental symptoms.

Section 404.1529(c)(4) requires an ALJ evaluating subjective symptoms to consider inconsistencies within the evidence and between the claimant’s statements and evidence such as the claimant’s history, medical findings, and source statements about the symptoms’ effects.

Jones v. Social Security Administration, Commissioner · filed 2021-02-25(c)(4)

If a claimant satisfies the first part of the test, the ALJ must evaluate the symptoms’ 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); 20 C.F.R. §§ 416.929(c) & (d). While evaluating the evidence, the ALJ must consider whether inconsistencies exist within the evidence or between the claimant’s statements and the evidence, including his history, medical signs and laboratory findings, and statements by medical sources or other sources about how her symptoms affect her. 20 C.F.R. §§ 404.1529(c)(4) & 416.929(c)(4). ... The court finds that the ALJ’s determination is supported by substantial evidence. ... In sum, the ALJ correctly considered “the consistency of [Jones’] statements” with the remainder of the evidence. See SSR 16-3p, 2017 WL 5180304, at *8. The ALJ’s determinations are supported by substantial evidence and this claim is without merit.

Section 404.1529(b)–(c) establishes a two-step symptom inquiry: the ALJ first determines whether a medically determinable impairment could reasonably produce the symptoms and then evaluates their intensity, persistence, limiting effects, and resulting functional limitations.

Mateer v. Saul · filed 2021-02-25(b)–(c)

This involves a two-step inquiry where the ALJ must (1) determine whether an underlying medically determinable mental impairment or impairments could reasonably be expected to produce the claimant’s symptoms and, if so, (2) evaluate the intensity, persistence, and limiting effects of the claimant’s symptoms to determine the extent to which they limit the claimant’s functional limitations. See 20 C.F.R. §§ 404.1529(b)–(c), 416.929(b)–(c). ... Additionally, the ALJ is permitted to evaluate the credibility of Mateer’s subjective testimony through the two-step process outlined by 20 C.F.R. §§ 404.1529, 416.929. ... Thus, the ALJ evaluated Mateer’s testimony regarding her limitations and her ability to work through reasoned explanation supported by evidence in the record. ... Therefore, the ALJ’s evaluation of Mateer’s subjective testimony regarding her limitations as they pertain to her ability to perform work is supported by substantial evidence.

Section 404.1529(c) requires the ALJ at the second step of symptom evaluation to consider the entire record, including objective and subjective evidence, when assessing symptom intensity, persistence, and resulting work limitations.

Thomas v. Commissioner of the Social Security Administration · filed 2021-02-25(c)

Per 20 C.F.R. § 404.1529 and SSR16-3p, at the second step of the subjective symptom evaluation, the ALJ is to consider the entire record, including objective and subjective evidence, to evaluate the intensity and persistence of symptoms to determine how symptoms limit capacity for work. The ALJ here performed such with reference to substantial evidence in the record. (Tr. 703-705). ... Based on the evidence before the ALJ, the ALJ conducted a proper evaluation of subjective symptoms in accordance with the applicable CFR regulation and SSR guidance and cited substantial evidence to support the finding that Plaintiff’s allegations of disabling symptoms were not entirely consistent with the record.

Section 404.1529 permits an ALJ to discount allegations about symptom intensity, persistence, and limiting effects when the evidence does not fully support them and to include only credible limitations in the residual functional capacity.

BORBON v. COMMISSIONER OF SOCIAL SECURITY · filed 2021-02-26

“[A]llegations of pain and other subjective symptoms must be supported by objective medical evidence.” Hartranft v. Apfel, 181 F.3d 358, 362 (3d Cir. 1999) (citation omitted). An ALJ may discount a claimant’s allegations about the intensity, persistence, or limiting effects of his symptoms where the evidence does not fully support those allegations, and “need only include in the RFC those limitations which he finds to be credible.” Salles v. Comm’r of Soc. Sec, 229 F. App’x 140, 147 (3d Cir. 2007) (citations omitted); see 20 C.F.R. §§ 404.1529 and 416.929; Social Security Ruling 16-3p, 2016 WL 1119029 (S.S.A. Mar. 16, 2016). ... Substantial evidence therefore supports the ALJ’s determination that Plaintiff could perform sedentary work with sufficient limitations to account for Plaintiff’s credibly established limitations during the disputed period.

Section 404.1529(c)(4) requires an ALJ evaluating subjective symptoms to consider inconsistencies within the evidence and between the claimant’s statements and evidence such as the claimant’s history, medical findings, and source statements about the symptoms’ effects.

Crowder v. Social Security Administration, Commissioner · filed 2021-03-01(c)(4)

If a claimant satisfies the first part of the test, the ALJ must evaluate the symptoms’ 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). While evaluating the evidence, the ALJ must consider whether inconsistencies exist within the evidence or between the claimant’s statements and the evidence, including an analysis of his history, medical signs and laboratory findings, and statements by medical sources or other sources about how his symptoms affect him. 20 C.F.R. §§ 404.1529(c)(4) & 416.929(c)(4). ... The court finds that there is substantial evidence supporting the ALJ’s conclusion that Crowder’s subjective testimony concerning his symptoms is inconsistent with the medical evidence.

Section 404.1529(a) requires an ALJ to consider a claimant’s statements about symptoms and their effects, evaluate their consistency with objective and other evidence, and explain which symptoms are consistent or inconsistent with that evidence.

Martinez v. Commissioner of Social Security · filed 2021-03-01(a)

The ALJ is required to consider a claimant’s own statements about symptoms and how they affect his daily life and ability to work and to “evaluate whether [those] statements are consistent with objective medical evidence and the other evidence” and “explain” which symptoms were found to be consistent or inconsistent with the evidence. SSR 16-3p, 2016 SSR LEXIS 4, *15, 2016 WL 1119029 (Mar. 16, 2016), at *6, *8; 20 C.F.R. § 404.1529(a). ... The ALJ did not explain how the necessity of seeking treatment or the symptoms of mental health struggles, leading to an increase in activity a few times, meant that the repeated reports of struggles with fatigue and limited activity on a day-to-day basis should be ignored. ... The Court cannot conclude that the ALJ’S decision is consistent with the evidence or determine how the symptoms were evaluated. SSR 16-3p, 2017 WL 5180304 at *9. ... The case must be remanded for adequate analysis of Plaintiff’s numerous physical and mental impairments, individually and in combination.

Section 404.1529(c) requires an ALJ first to determine whether a medically determinable impairment could reasonably produce the alleged symptoms and then to evaluate their intensity and persistence using all available evidence, the enumerated symptom factors, and any inconsistencies between the claimant’s statements and the record.

Johnson v. Commissioner of Social Security · filed 2021-03-04(c)(1), (c)(3), (c)(4)

An ALJ evaluating a claimant’s subjective complaints of his symptoms must first decide whether the claimant suffers from a medically determinable impairment that could reasonably be expected to produce his pain or other symptoms alleged. 20 C.F.R. § 404.1529(c)(1). Second, the ALJ must evaluate the intensity and persistence of the claimant’s symptoms given all of the available evidence. Id. In assessing the credibility of the claimant’s statements regarding his symptoms, the ALJ must consider the following factors: “(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 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 the claimant uses or [has] used to relieve pain or other symptoms (e.g., lying flat on [her] back, standing for 15 to 20 minutes every hour, sleeping on a board, etc.); 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). Notwithstanding, the ALJ will consider whether there are any incongruities between the claimant’s statements and the rest of the evidence. 20 C.F.R. § 404.1529(c)(4). “Remand is appropriate where an ALJ does not follow these steps.” Peck v. Astrue, No. 07-CV-2762, 2010 WL 3125950, at *4 (E.D.N.Y. Aug. 6, 2010). ... As explained above, the ALJ’s evaluation of the credibility of plaintiff’s statements was based on an incorrect weighing of plaintiff’s treating physicians’ medical opinions. Thus, on remand, the ALJ is instructed to reevaluate plaintiff’s statements concerning the intensity, persistence, and limiting effects of his symptoms in light of the ALJ’s careful reassessment of the medical opinion evidence and the underlying medical evidence.

Section 404.1529(c) requires a two-step evaluation of pain and, when symptoms suggest greater severity than objective evidence alone shows, consideration of other evidence including medical opinions, work history, claimant statements, daily activities, medications, treatment, and other relief measures.

Quiles v. Saul · filed 2021-03-05(c)

When a claimant alleges symptoms, such as pain, that limit the claimant’s capacity for work, the ALJ is required to follow a two-step process to evaluate the claimant’s credibility. See 20 C.F.R. §§ 404.1529(c), 416.929(c). The ALJ must first determine whether a claimant has a “medically determinable impairment(s) that could reasonably be expected to produce” the claimant’s reports of symptoms such as pain. 20 C.F.R. §§ 404.1529(c), 416.929(c). If a claimant’s symptoms “suggest a greater severity of impairment than can be shown by objective medical evidence alone,” then, to determine the extent to which pain affects the claimant’s ability to perform basic work activities, the ALJ considers other evidence, including, inter alia, medical opinion evidence, the claimant’s prior work record, the claimant’s statements about his or her symptoms, the claimant’s daily activities, medications and other treatments that the claimant uses to manage pain, and any other measures the claimant uses to reduce pain. 20 C.F.R. §§ 404.1529(c), 416.929(c). ... While Quiles maintains that the ALJ failed to consider the factors set out in 20 C.F.R. § 404.1520c, this regulation does not concern an ALJ’s evaluation of a claimant’s reports of pain; the applicable regulation is 20 C.F.R. §§ 404.1529(c). ... However, notably absent from the ALJ’s credibility evaluation is any mention of Dr. Barrick’s opinions or medical records. Accordingly, the ALJ should revise her credibility evaluation on remand, following proper application of the treating physician rule.

Section 404.1529(c) requires an ALJ evaluating subjective symptoms to consider objective medical evidence, daily activities, symptom severity, aggravating factors, medication, treatment history, and functional limitations.

Sims v. Kijakazi · filed 2021-02-23(c)

When assessing a claimant’s subjective symptom allegations, an ALJ must consider several factors, including the objective medical evidence, the claimant’s daily activities, her level of pain or symptoms, aggravating factors, medication, course of treatment, and functional limitations. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304, at *5, 7-8 (Oct. 25, 2017). ... Because at least two of the three reasons for discrediting Annette were unsound, the ALJ’s subjective symptom analysis was patently wrong in this case.

Section 404.1529(c)(3)–(4) requires an ALJ to consider the enumerated factors bearing on reported symptoms and then compare the claimant’s statements with the other record evidence for inconsistencies or conflicts.

Harrison v. Social Security Administration, Commissioner · filed 2021-03-10(c)(3), (c)(4)

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). The ALJ then must compare the claimant’s statements to the other evidence in the record to determine if there are inconsistencies or conflicts between the record and the statements. 20 C.F.R. §404.1529(c)(4). ... Therefore, the ALJ did not commit error in applying the pain standard.

Section 404.1529(a)–(d) requires a claimant relying on subjective complaints to show an underlying condition and either objective confirmation of symptom severity or a condition reasonably expected to cause the symptoms, after which the ALJ evaluates their intensity, persistence, and effect on work.

Mims v. Social Security Administration, Commissioner · filed 2021-03-12(a)–(d)

When a claimant attempts to prove disability based on his subjective complaints, he must provide evidence of an underlying medical condition and either (1) objective medical evidence confirming the severity of his alleged symptoms, or (2) evidence establishing that his medical condition could be reasonably expected to give rise to his alleged symptoms. 20 C.F.R. §§ 404.1529 (a)-(b), 416.929 (a)-(b); SSR 16-3p; Wilson, 284 F.3d at 1225-26. If the objective medical evidence does not confirm the severity of the claimant’s alleged symptoms but the claimant establishes that he has an impairment that could reasonably be expected to produce his alleged symptoms, the ALJ must evaluate the intensity and persistence of the claimant’s alleged symptoms and their effect on this claimant’s ability to work. 20 C.F.R. §§ 404.1529 (c)-(d), 416.929 (c)-(d). If an ALJ rejects a claimant’s allegations, “he must articulate explicit and adequate reasons for doing so.” Foote v. Chater, 67 F.3d 1553, 1561 (11th Cir. 1995). ... Substantial evidence supports the ALJ’s determination that Mims’s statements regarding the intensity, persistence, and functionally limiting effects of his alleged symptoms were not entirely consistent with the medical and other evidence during the relevant period.

Section 404.1529 requires objective medical evidence supporting subjective complaints and a two-step inquiry that first identifies an impairment reasonably capable of producing the symptoms and then evaluates their intensity, persistence, and work-related effects.

NIEVES v. COMMISSIONER OF SOCIAL SECURITY · filed 2021-03-12(a), (c)

Instead, objective medical evidence must corroborate a claimant’s subjective complaints. Prokopick v. Comm’r of Soc. Sec., 272 F. App’x 196, 199 (3d Cir. 2008) (citing 20 C.F.R. § 404.1529(a)). Specifically, an ALJ must follow a two-step process in evaluating a claimant’s subjective complaints. SSR 16-3p, 2016 WL 1119029 (March 16, 2016). First, the ALJ “must consider whether there is an underlying medically determinable physical or mental impairment(s) that could reasonably be expected to produce an individual’s symptoms, such as pain.” Id. “Second, once an underlying physical or mental impairment(s) that could reasonably be expected to produce an individual’s symptoms is established, [the ALJ] evaluate[s] the intensity and persistence of those symptoms to determine the extent to which the symptoms limit an individual’s ability to perform work-related activities[.]” Id.; see also Hartranft v. Apfel, 181 F.3d 358, 362 (3d Cir. 1999) (“[Evaluation of the intensity and persistence of the pain or symptom and the extent to which it affects the ability to work] obviously requires the ALJ to determine the extent to which a claimant is accurately stating the degree of pain or the extent to which he or she is disabled by it.”) (citing 20 C.F.R. § 404.1529(c)). ... Here, the ALJ followed this two-step evaluation process. ... In short, this Court concludes that the ALJ has sufficiently explained his reasoning in assessing Plaintiff’s subjective complaints and that his findings in this regard are supported by substantial evidence in the record.

Section 404.1529(c)(4) requires an ALJ evaluating subjective symptoms to consider inconsistencies within the evidence and between the claimant’s statements and evidence such as history, medical findings, and source statements about symptom effects.

Hare v. Social Security Administration, Commissioner · filed 2021-03-15(c)(4)

While evaluating the evidence, the ALJ must consider whether inconsistencies exist within the evidence or between the claimant’s statements and the evidence, including her history, medical signs and laboratory findings and statements by medical sources or other sources about how her symptoms affect her. 20 C.F.R. §§ 404.1529(c)(4) & 416.929(c)(4). ... The forgoing shows the ALJ properly applied the pain standard in this case. Substantial evidence supports the ALJ’s conclusion that Hare’s pain was not as severe as alleged. See SSR 16-3p, 2017 WL 5180304, at *8.

Section 404.1529(c)(4) requires an ALJ, when objective evidence does not support reported symptoms or their intensity and persistence, to assess the complaints using the entire record, including medical findings, claimant statements, treating-source information, statements from familiar persons, and other relevant evidence.

Burkhart v. SSA · filed 2021-03-18(c)(4)

“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 and other evidence. 20 C.F.R. § 404.1529. ... Burkhart’s subjective complaints were not supported by the objective medical evidence, so the ALJ appropriately considered Burkhart’s work-related complaints, testimony regarding his capabilities and limitations, activities, treatment history, medical evidence, and opinion evidence. The ALJ’s findings with respect to Burkhart’s mental and physical abilities were reasoned and substantially supported. Accordingly, there is no basis for rejecting the ALJ’s conclusions.

Section 404.1529(c)(3) requires an ALJ who cannot make a fully favorable determination from objective evidence alone to consider other record evidence and factors including daily activities, symptom characteristics and triggers, medication, and nonmedication treatment and relief measures.

FOSTER v. SAUL · filed 2021-03-19(c)(3)

If an ALJ cannot make a fully favorable disability determination “based solely on objective medical evidence,” then he should “carefully consider other evidence in the record” and the factors set forth in 20 C.F.R. § 404.1529(c)(3) to evaluate “the intensity, persistence, and limiting effects of an individual's symptoms.” SSR 16-3p, 2017 WL 5180304 (Oct. 25, 2017), at *6–8; see 20 C.F.R. § 404.1529(c)(3). These factors include: (1) the claimant's daily activities; (2) the 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 an individual takes or has taken to alleviate pain or other symptoms; and (5) treatment and measures, other than medication, an individual has received or taken for relief of pain or other symptoms. Id. ... Since the ALJ addressed each factor and Plaintiff has not identified or explained a specific error in the ALJ's analysis, remand is not required on this ground.

Section 404.1529(c)(4) permits an ALJ evaluating subjective statements to consider conflicts between the claimant’s statements and the rest of the evidence.

Long v. Social Security Administration, Commissioner · filed 2021-03-22(c)(4)

Therefore, while the ALJ agreed that the determinable impairments could reasonably cause the alleged symptoms, it was reasonable for the ALJ to conclude that there were several inconsistencies in Plaintiff’s reports of her ailments in the record. (Tr. at 23.) See C.F.R. § 404.1529(c)(4) (noting that in evaluating a claimant’s subjective statements, consideration is also given to any conflicts between the claimant’s statements and the rest of the evidence). In sum, the ALJ articulated reasons in great detail for finding that Plaintiff’s subjective complaints were inconsistent with the medical evidence of record. Substantial evidence supports the ALJ’s determination to give little weight to Plaintiff’s testimony.

Section 404.1529(c)(4) requires an ALJ assessing subjective symptom testimony to consider its consistency with daily activities, objective medical evidence, opinion evidence, and the other record evidence.

Bravo v. Commissioner of Social Security · filed 2021-03-22(c)(4)

Plaintiff argues that the ALJ did not properly evaluate her subjective complaints. Dkt. No. 11, pp. 18-22. This Court does not agree. The ALJ’s decision makes clear that she followed the relevant regulations and rules in evaluating Plaintiff’s testimony. See 20 C.F.R. § 404.1529(c); SSR 16-3p, 2016 WL 1119029. Specifically, the ALJ considered whether Plaintiff’s testimony about her symptoms was consistent with the other evidence of record, and found it was not. Tr. at 25-29, 32. ... The ALJ found that Plaintiff’s complaints were inconsistent with the record, including evidence of her wide-ranging activities of daily living, and the objective medical evidence and opinion evidence showing that Plaintiff was limited, but not debilitated. Tr. at 26-29, 32; see 20 C.F.R. § 404.1529(c)(4) (in assessing subjective symptom testimony, the ALJ considers its consistency with other evidence of record). ... For the reasons stated herein, Plaintiff’s motion for judgment on the pleadings (Dkt. No. 11) is hereby DENIED, and the Commissioner’s motion for judgment on the pleadings (Dkt. No. 19) is GRANTED. The Clerk of the Court is directed to close this case.

Section 404.1529(a) and (c)(1) require medical signs or laboratory findings of an impairment reasonably capable of causing alleged symptoms before the ALJ assesses their intensity, persistence, and effect on work using factors such as daily activities and medication effectiveness and side effects.

Edelen v. Commissioner of Social Security · filed 2021-03-25(a), (c)(1)

A claimant’s statement that he or she is experiencing pain or other symptoms will not, taken alone, establish that he or she is disabled; there must be medical signs and laboratory findings that show the existence of a medical impairment that could reasonably be expected to give rise to the pain and/or other symptoms alleged. 20 C.F.R. §§ 404.1529(a), 416.929(a) (2016). If the ALJ finds that there is a medically determinable impairment that could reasonably be expected to produce the claimant’s symptoms, the ALJ must then assess the intensity and persistence of a 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). In doing so, the ALJ should consider a number of factors including a claimant’s daily activities, effectiveness of any medication taken to relieve symptoms, and any side effects of that medication. ... Given these conclusions, the Court holds that ALJ Lovitt did not err in his assessment of Edelen’s pain and testimony regarding his symptoms and limitations.

Section 404.1529(c)(1)–(4) requires an ALJ to assess symptom intensity, persistence, and work limitations from the whole record, consider the enumerated symptom factors, and examine the claimant’s statements for conflicts with other evidence.

Relph v. Saul · filed 2021-03-29(c)(1)–(4)

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). In doing so, the ALJ considers all of the record, including the objective medical evidence, the claimant's history, and statements of the claimant and her doctors. Id. § 404.1529(c)(1)-(2). The ALJ may consider other factors, such as: (1) the claimant's daily activities; (2) the location, duration, frequency, and intensity of the claimant's pain or other symptoms; (3) any precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of the claimant's medication; (5) any treatment other than medication; (6) any measures the claimant used to relieve her pain or symptoms; and (7) other factors concerning the claimant's functional limitations and restrictions due to her pain or symptoms. Id. § 404.1529(c)(3). The ALJ then will examine the claimant’s statements regarding her symptoms in relation to all other evidence, and consider whether there are any inconsistencies or conflicts between those statements and the record. Id. § 404.1529(c)(4). ... In sum, Relph has shown no error in the ALJ’s credibility determination. ... No reversible error having been shown, the Court finds that the Commissioner’s final decision denying Relph’s application for benefits is therefore due to be AFFIRMED.

Section 404.1529 directs an ALJ determining residual functional capacity to consider a claimant’s symptoms to the extent they can reasonably be accepted as consistent with the objective medical evidence.

Olivera-Bahamundi v. Commissioner of Social Security · filed 2021-03-29

In this case, the ALJ considered opinion evidence as well as Plaintiff’s symptoms to the extent they could reasonably be accepted as consistent with the objective medical evidence to determine the RFC. 20 C.F.R. §404.1529 and 20 C.F.R. §404.1527. ... And even though the ALJ did find that Plaintiff’s symptoms affected his ability to work, his rationale determining the RFC was based on the extent these symptoms could reasonably be accepted as consistent with the objective evidence. 20 C.F.R. §404.1529; §404.1527. ... To this end, since the Court deems that substantial evidence clearly supports the RFC determination and the ALJ accurately relayed that RFC to the VE in the hypotheticals posed, the ALJ was entitled to rely on the VE’s testimony.

Section 404.1529(c)(3)(iv) and (vii) permit an ALJ assessing symptom severity to consider medication effectiveness and other factors concerning functional limitations, without separately discussing work history in the credibility analysis if the decision shows it was considered elsewhere.

Sickmiller v. Commissioner of Social Security · filed 2021-03-30(c)(3)(iv), (c)(3)(vii)

Here, the ALJ has done so. The ALJ evaluated various factors, including the type and effectiveness of Plaintiff’s medication and other factors concerning her functional limitations. See 20 C.F.R § 404.1529(c)(3)(iv),(vii). The ALJ found that those factors weighed against the alleged severity of Plaintiff’s symptoms (Tr. 22). Accordingly, the Court finds that in reaching his credibility determination, the ALJ applied the correct legal standards and his findings are supported by substantial evidence. Further, although the ALJ did not specifically discuss Plaintiff’s work history in his credibility analysis, the ALJ clearly considered Plaintiff’s work history at other steps of the sequential evaluation proceedings.

Section 404.1529(c)(3)(i)–(vii) requires an ALJ evaluating subjective symptoms to consider seven factors and specifically explain the weight assigned to the claimant’s statements and any inconsistencies with the record.

DePaulo v. Saul · filed 2021-03-30(c)(3)(i)–(vii)

“In making a[n evaluation of subjective symptoms], the ALJ must consider seven factors: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of [the] claimant’s pain and other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication the claimant takes or has taken to alleviate pain or other symptoms; (5) any treatment, other than medication, the claimant has received; (6) any other measures the claimant employs to relieve pain or other symptoms; and (7) other factors concerning the claimant’s functional limitations and restrictions as a result of pain or other symptoms.” Gallagher v. Colvin, 243 F. Supp. 3d 299, 306-07 (E.D.N.Y. 2017) (citing 20 C.F.R. §§ 404.1529(c)(3)(i)–(vii), 416.929(c)(3)). ... However, the ALJ did not discuss the seven factors or explain why the claimant’s statements were inconsistent with the record. Thus, remand is appropriate. See Kane v. Astrue, 942 F. Supp. 2d 301, 314 (E.D.N.Y. 2013) (finding legal error when the ALJ did not explicitly refer to or discuss any of the factors for evaluating subjective symptoms). On remand, the ALJ should make a specific evaluation of subjective symptoms and identify any inconsistencies between the claimant’s statements and the rest of the record.

Section 404.1529(c)(4) requires an ALJ evaluating subjective symptoms to consider inconsistencies within the evidence and between the claimant’s statements and evidence such as history, medical findings, and source statements about symptom effects.

Wright v. Social Security Administration, Commissioner · filed 2021-03-31(c)(4)

While evaluating the evidence, the ALJ must consider whether inconsistencies exist within the evidence or between the claimant’s statements and the evidence, including her history, medical signs, laboratory findings, and statements by medical sources or other sources about her symptoms’ impacts. 20 C.F.R. §§ 404.1529(c)(4), 416.929(c)(4). ... The foregoing substantial evidence, which is properly considered when applying the pain standard, supports ALJ’s conclusion that Wright’s pain was not as debilitating as alleged.

Section 404.1529(c)(3) requires consideration of medication effectiveness and side effects and other evidence such as prior work history when assessing subjective symptoms, but it does not require the ALJ to discuss work history expressly in that analysis if the record shows it was considered.

Gordon v. Commissioner of Social Security · filed 2021-03-31(c)(3)

An ALJ’s determination whether a claimant’s impairments limit her ability to work must include consideration of the claimant’s subjective symptoms, including the effectiveness and side effects of any medications taken for those symptoms. 20 C.F.R. § 404.1529(c)(3)(iv). ... In this case, the ALJ applied the correct legal standard and adequately developed the record regarding the side effects of Gordon’s medication for her trigeminal neuropathy. The ALJ considered Gordon’s subjective complaints about the side effects and reports of drowsiness. (Tr. 20 (“Because of the medication, it is difficult for the claimant to wake up before 10:00 a.m.”)). ... Although the regulations require an ALJ to consider all of the evidence, including prior work history, in formulating the RFC, nothing requires an ALJ to explicitly discuss that work history as part of a subjective symptom evaluation. ... Besides, the ALJ and Gordon frequently referred to her work history during the hearing (Tr. 37-41, 53-56, 68-69). The ALJ also referenced Gordon’s transferable skills when questioning the vocational expert (Tr. 70), and he noted in his decision that she performed her past relevant work long enough to achieve average performance (Tr. 23). ... Therefore, the ALJ gave sufficient reasons for reaching his conclusion that Gordon’s subjective symptoms were not entirely consistent with the medical evidence.

Section 404.1529(c)(3) requires an ALJ assessing residual functional capacity to carefully consider the claimant’s symptom evidence under seven relevant factors, including daily activities and the location, duration, frequency, and intensity of symptoms.

Kosier v. Commissioner of Social Security · filed 2021-03-31(c)(3)

The ALJ must “‘carefully consider' all the evidence presented by claimants regarding their symptoms, which fall into seven relevant factors including ‘daily activities' and the ‘location, duration, frequency, and intensity of [their] pain or other symptoms.'” Del Carmen Fernandez v. Berryhill, No. 18-CV-326, 2019 WL 667743, at *9 (S.D.N.Y. Feb. 19, 2019) (citing 20 C.F.R. § 404.1529(c)(3); S.S.R. 16-3p, Titles II and XVI: Evaluation of Symptoms in Disability Claims, 81 FR 14166-01 at 14169-70, 2016 WL 1020935 (Mar. 16, 2016)). The ALJ’s RFC determination did so by incorporating those portions of plaintiff’s testimony that were supported by other record evidence. ... In making this assessment, the ALJ appropriately evaluated the conflicting medical evidence and plaintiff’s testimony, and made an RFC finding that was consistent with the overall record.

Section 404.1529(c)(3)–(4) requires an ALJ to consider factors such as daily activities and permits comparison of a claimant’s allegations with objective evidence to identify conflicts with the record.

Martin v. Social Security Administration · filed 2021-03-31(c)(3)–(4)

The ALJ’s discussion satisfies SSR 16-3p. The ALJ was entitled to compare Plaintiff’s allegations to the objective findings and her activities of daily living as part of the consistency analysis. See 20 C.F.R. §§ 404.1529(c)(3)-(4), 416.929(c)(3)-(4) (ALJ must consider factors including daily activities, in determining whether conflicts exist between claimant’s statements and other evidence).

Section 404.1529(c)(3) requires an ALJ assessing subjective symptoms to consider daily activities, symptom intensity, treatment, and other facts concerning functional limitations and restrictions.

Bennick v. Saul · filed 2021-03-31(c)(3)

To assess a claimant’s credibility, the ALJ must consider several factors, including the claimant’s daily activities, the intensity of the symptoms, the treatment received, and other facts concerning functional limitations and restrictions.” 20 C.F.R. § 404.1529(c)(3). ... Because the Court is constrained by a highly deferential standard with regard to determinations in plaintiff’s credibility, and the ALJ demonstrated that at step three he considered the entire record by pointing to evidence that supports his finding that Bennick’s statements on her symptoms are not entirely credible, we conclude that there was no error in the ALJ’s determination in Bennick’s credibility.

Section 404.1529(c)(2)–(3) permits an ALJ to consider objective medical evidence and daily activities when assessing alleged symptom severity, but lack of objective support cannot be the sole basis for discounting symptom statements.

Lassen v. Saul · filed 2021-04-04(c)(2)–(3)

First, the ALJ reasonably determined that plaintiff’s activities conflicted with her alleged symptoms. ... SSR 16-3p, 2016 WL 1119029, at *7 (ALJ may determine that claimant’s symptoms “are less likely to reduce his or her capacities to perform work-related activities” where claimant’s subjective complaints are inconsistent with evidence of claimant’s daily activities) (citing 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3)). Here, the ALJ noted that plaintiff has been able to engage in cooking, driving, shopping, and doing laundry, despite alleging that she has basically no use of her right hand. (AR 22). Although plaintiff indicated that she had limited use of her right hand during these activities – such as not using her right hand to slice while cooking, and not taking curves with her right hand while driving – it was reasonable for the ALJ to infer that plaintiff otherwise uses both hands to complete these tasks, and her ability to do so conflicts with her allegations that she had basically no use of the right hand. ... Finally, the ALJ appropriately considered a lack of supporting objective medical evidence. The ALJ supported this with specific explanations and detailed references to medical examination and imaging evidence in the record. (AR 22-25). Although not sufficient on its own, this is a valid basis for discounting the extent of plaintiff’s subjective complaints. ... 20 C.F.R. § 404.1529(c)(2) (“Objective medical evidence . . . is a useful indicator to assist us in making reasonable conclusions about the intensity and persistence of your symptoms and the effect those symptoms, such as pain, may have on your ability to work.”). ... Accordingly, the ALJ provided specific, clear and convincing reasons to reject plaintiff’s subjective symptom statements and testimony. Plaintiff has failed to identify any material error in the ALJ’s decision, which is supported by substantial evidence in the record.

Section 404.1529(b) and (c)(1) require an ALJ first to determine whether objective evidence shows an impairment reasonably capable of producing the alleged symptoms and then to evaluate from all available evidence how those symptoms limit work capacity.

El Mountassir v. Saul · filed 2021-04-06(b), (c)(1)

First, the ALJ must determine whether objective evidence shows the existence of a medical impairment that could reasonably be expected to produce the actual alleged symptoms. 20 C.F.R. § 404.1529(b). Once the claimant makes that threshold showing, the ALJ must evaluate the extent to which the symptoms limit the claimant’s capacity to work. 20 C.F.R. § 404.1529(c)(1). At this second stage, the ALJ must consider all the available evidence, including medical history, objective medical evidence, and statements by the claimant. 20 CLR. 404,1529(c). ... Therefore, the Court finds the ALJ properly evaluated Plaintiff's subjective complaints.

Section 404.1529(c)(3) requires an ALJ to assess symptoms using objective medical evidence and factors such as daily activities, pain, aggravating circumstances, medication, treatment, and functional limitations, supported by specific reasons from the record.

Sadakhom v. Saul · filed 2021-04-08(c)(3)

The ALJ must justify his or her subjective symptom evaluation with “specific reasons supported by the record,” Pepper v. Colvin, 712 F.3d 351, 367 (7th Cir. 2013), and in doing so, must consider several factors, including the objective medical evidence, the claimant’s daily activities, his level of pain or symptoms, aggravating factors, medication, course of treatment, and functional limitations. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304, at *5, *7-8 (Oct. 25, 2017). ... The ALJ considered all Claimant’s subjective allegations but nevertheless determined that while Claimant’s medically determinable impairments “could reasonably be expected to cause the alleged symptoms,” (R. 26), Claimant’s allegations of disability were incompatible with the medical evidence in the record, Claimant’s activities of daily living, and her course of treatment and medication. These were sufficient reasons to discount Claimant’s testimony.

Sections 404.1529(c)(3) and (c)(4) require consideration of other relevant information when reported symptom severity exceeds what objective evidence shows, including daily activities, treatment frequency, medication, and inconsistencies in the evidence.

Reynolds v. Commissioner of Social Security · filed 2021-05-27(c)(3), (c)(4)

When the reported pain and other symptoms suggest an impairment of greater severity than can be shown by objective medical evidence, the Administrative Law Judge will consider other information and factors which may be relevant to the degree of pain alleged. 20 C.F.R. § 404.1529(c)(3). Other factors include a claimant’s level of daily activity, 20 C.F.R. § 404.1529(c)(3)(i); the frequency that treatment is sought for the allegedly disabling condition, 20 C.F.R. § 404.1529(c)(3)(v); inconsistencies in the evidence and the extent to which there are any conflicts between the claimant’s statements and the rest of the evidence, 20 C.F.R. § 404.1529(c)(4); and the medication used to alleviate the alleged pain or other symptoms, 20 C.F.R. § 404.1529(c)(3)(iv). ... The undersigned concludes that the ALJ’s assessment of Plaintiff’s subjective allegations are supported by substantial evidence and fully comport with applicable law, including the regulations for evaluating consultative and treating physician’s opinions and pain. See 20 C.F.R. §§ 404.1519a-p, 404.1527, 404.1529.

Section 404.1529(c)(3) directs an ALJ evaluating subjective symptom reports to consider their consistency with objective medical evidence, the claimant’s daily activities, and the effectiveness of medication and other treatment.

Scott v. Commissioner, Social Security Administration · filed 2021-05-28(c)(3)

In this case, the ALJ set forth the specific evidence she relied on to discount Plaintiff’s subjective reports, and her decision to do so is supported by substantial evidence. The ALJ found that Plaintiff’s medically determinable impairments could cause his symptoms, but that his statements about their limiting effects were inconsistent with the objective medical evidence, Plaintiff’s activities of daily living, and Plaintiff’s response to treatment. (Doc. # 16-2 at 26); see 20 C.F.R. § 404.1529(c)(3) (explaining ALJ will consider consistency between subjective complaints and objective medical evidence, as well as claimant’s daily activities and effectiveness of medication and/or treatment). ... The ALJ’s decision to discount Plaintiff’s subjective complaints was, therefore, based on a thorough review of the record and supported by substantial evidence.

Section 404.1529(c)(1) requires an ALJ who finds that a medically determinable impairment could reasonably produce alleged symptoms to evaluate how their intensity and persistence limit the claimant’s ability to work.

Leffler v. Commissioner of Social Security · filed 2021-06-14(c)(1)

If the ALJ finds 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). If the ALJ decides to discredit the claimant's testimony, he or she must articulate specific and adequate reasons for doing so. Foote v. Chater, 67 F.3d 1553, 1561-62 (11th Cir. 1995); Jones v. Dep't of Health and Human Servs., 941 F.2d 1529, 1532 (11th Cir. 1991). ... The Court concludes that the ALJ’s articulated reasons support his credibility determination, including his citation to the medical evidence of record concerning the nature of Claimant’s symptoms and her statements regarding her activities.

Section 404.1529 requires the adjudicator to assess subjective symptoms using the objective medical evidence and the other record evidence, including daily activities, symptom characteristics, aggravating factors, medication, other treatment and relief measures, and functional limitations.

Esco v. Kijakazi (CONSENT) · filed 2023-03-30(c)(1)-(3)

Once an underlying physical or mental impairment that could reasonably be expected to produce the claimant’s symptoms, such as pain, is established, the ALJ must then consider all of the evidence in the record to evaluate the intensity and persistence of those symptoms to determine the extent to which the symptoms limit the claimant’s capacity for work. ... Thus, based upon the record, the court concludes that the ALJ properly considered the objective medical evidence along with the other evidence in the record in accordance with 20 C.F.R. § 404.1529(c)(1)-(3).

Section 404.1529 requires an ALJ evaluating subjective allegations to examine and apply the governing symptom factors.

Jacobs v. Social Security Administration Commissioner · filed 2023-03-30

In assessing the subjective allegations of a claimant, the ALJ is required to examine and to apply the five factors from Polaski v. Heckler, 739 F.2d 1320 (8th Cir. 1984) or from 20 C.F.R. § 404.1529 and 20 C.F.R. § 416.929.

Section 404.1529(c) requires evaluation of symptom intensity, persistence, and limiting effects to determine how far the symptoms limit the claimant's ability to work.

Bryant v. Kijakazi · filed 2023-06-12(c)

Second, 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 ability to work.

Section 404.1529 permits an ALJ to assess symptom complaints using objective evidence together with daily activities, treatment improvement, and inconsistent statements, although objective evidence alone is insufficient.

Spatola v. O'Malley · filed 2024-08-29(c)(2), (c)(3)(i)

Thus, although Spatola accuses the ALJ of only discussing the objective medical evidence in dismissing her subjective pain complaints, the record clearly shows that the ALJ considered Spatola’s daily activities, improvement with treatment, and her inconsistent statements.

Section 404.1529(c) requires an ALJ to evaluate symptom intensity, persistence, and limiting effects using the record as a whole and the regulatory factors.

DAVIS v. KIJAKAZI · filed 2024-08-30(c)

The ALJ considered the record as a whole, including the factors set forth in 20 C.F.R. §§ 404.1529 and 416.929, in finding that the intensity, persistence, and limiting effects of Catherine's condition were less severe than she alleged.

Section 404.1529(a) requires consideration of all symptoms and their consistency with objective medical and other evidence, rather than demanding full consistency with the record.

Colangelo v. Commissioner of Social Security · filed 2024-08-30(a)

The ALJ noted that he had “considered all symptoms and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence.” T. at 21 (citing 20 C.F.R. §§ 404.1529, 416.929; SSR 16-3p). ... The ALJ did not impose such a burden on Plaintiff; his recitation of the applicable standard follows the text of the regulations.

Section 404.1529(c) requires an ALJ to evaluate the intensity, persistence, and limiting effects of alleged symptoms against the entire record, including objective evidence, treatment, opinions, and daily activities.

Pearce v. OMALLEY · filed 2024-09-19(c)

During the second step of this assessment, the ALJ must determine whether the claimant’s statements regarding the intensity, persistence, or limiting effects of his or her symptoms are substantiated when considering the entire case record. 20 C.F.R. § 404.1529(c), 416.929(c); SSR 16–3p. This includes, but is not limited to, medical signs and laboratory findings; diagnoses; medical opinions provided by treating or examining sources and other medical sources; and information regarding the claimant's symptoms and how they affect his or her ability to work. 20 C.F.R. § 404.1529(c), 416.929(c); SSR 16–3p. ... Given the objective evidence in the record undermining the plaintiff’s allegations regarding the severity of her impairments, the ALJ properly considered Pearce’s symptoms but ultimately found that she was not as limited as she alleged.

Section 404.1529(a) requires a two-step evaluation of subjective pain and other symptoms: the ALJ first determines whether a medically documented impairment could cause the alleged symptoms and then evaluates their intensity, persistence, and effect on the claimant’s ability to work.

Hobgood v. O'Malley · filed 2024-09-24(a)

Federal regulations 20 C.F.R. §§ 404.1529(a) and 416.929(a) provide the authoritative standard for the evaluation of subjective complaints of pain and symptomology, whereby “the determination of whether a person is disabled by pain or other symptoms is a two-step process.” Craig, 76 F.3d at 593-94. First, the ALJ must objectively determine whether the claimant has medically documented impairments that could cause the alleged symptoms. SSR 16-3p, 2016 WL 1119029, at *3 (Mar. 16, 2016); Hines v. Barnhart, 453 F.3d 559, 564 (4th Cir. 2006). If the ALJ makes that determination, he must then evaluate “the intensity and persistence of the claimant’s pain[,] and the extent to which it affects her ability to work,” Craig, 76 F.3d at 595, including whether the claimant’s statements are supported by the objective medical record. SSR 16-3p, 2016 WL 1119029, at *4; Hines, 453 F.3d at 564-65.

Section 404.1529(c) requires consideration of the intensity and persistence of a claimant’s symptoms and the extent to which those symptoms limit the claimant’s capacity for work.

Rodriguez v. Social Security Administration · filed 2024-10-01(c)

The ALJ also reviewed Mr. Rodriguez’s symptoms, noted that medications helped, detailed the conditions from which he suffers, and described positive progression with treatment. See 20 C.F.R. § 404.1529(c) (detailing the factors necessary for “[e]valuating the intensity and persistence of [claimant’s] symptoms, such as pain, and determining the extent to which [claimant’s] symptoms limit [claimant’s] capacity for work”).

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider the claimant’s daily activities, pain characteristics, precipitating and aggravating factors, medication, and functional restrictions, but does not require an explicit discussion of every factor.

Verlinde v. Commissioner of Social Security · filed 2024-10-31(c)(3)(i)-(vii)

The ALJ must consider the claimant’s daily activities; the duration, frequency, and intensity of the pain; precipitating and aggravating factors; the dosage, effectiveness, and side effects of medication; and functional restrictions. Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir. 1984); see 20 C.F.R. § 404.1529(c)(3)(i)-(vii). The claimant’s work history and absence of objective medical evidence may also be considered. Wildman v. Astrue, 596 F.3d 959, 968 (8th Cir. 2010). An ALJ is not required to explicitly discuss each factor, rather, it is sufficient that the ALJ acknowledge and consider those factors before discounting the claimant’s subjective complaints. ... The ALJ properly considered Verlinde’s daily activities in finding the subjective allegations were not fully credible and did not err in his determination.

Section 404.1529 requires a two-step evaluation of subjective complaints: first determining whether a medically determinable impairment could reasonably produce the alleged symptoms, then evaluating their intensity, persistence, and effects on the ability to work.

CUSHNER v. COMMISSIONER OF SOCIAL SECURITY · filed 2024-11-15

The relevant regulations require a two-step process to evaluate Plaintiff's subjective complaints. See 20 C.F.R. § 404.1529. First, the ALJ must “determine whether the individual has a medically determinable impairment that could reasonably be expected to produce the [] alleged symptoms.” SSR 16-3p, (Mar. 16, 2016). Second, ifthe ALJ finds that such an impairment exists, the ALJ must “evaluate the intensity and persistence” of the symptoms and the effects that those symptoms have on the individual’s ability to work. Jd.

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider objective medical evidence and other relevant evidence, including daily activities, symptom characteristics, aggravating factors, medication, treatment, relief measures, and functional restrictions.

PENDER v. COMMISSIONER OF SOCIAL SECURITY · filed 2024-11-18(c)(3)

In conducting this evaluation, an ALJ must consider the objective medical evidence as well as other evidence relevant to a claimant’s subjective symptoms. 20 C.F.R. § 404.1529(c)(3) (listing the following factors to consider: daily activities; the location, duration, frequency, and intensity of pain or other symptoms; precipitating and aggravating factors; the type, dosage, effectiveness, and side effects of any medication you take or have taken to alleviate pain or other symptoms; treatment, other than medication, currently received or have received for relief of pain or other symptoms; any measures currently used or have used to relieve pain or other symptoms; and other factors concerning your functional limitations and restrictions due to pain or other symptoms); 20 C.F.R. § 404.1529(c)(3) (same).

Section 404.1529(c) bars rejecting a claimant’s statements about the intensity and persistence of pain solely because objective medical evidence does not substantiate them, but permits evaluation of their consistency with other evidence, including treatment and examination findings.

Sullivan v. Commissioner of Social Security · filed 2024-12-11(c)(2)-(4)

Finally, the ALJ did not impermissibly reject Plaintiff’s testimony about the intensity and persistence of her pain “solely because the available objective medical evidence d[id] not substantiate [her] statements.” See 20 C.F.R. § 404.1529(c)(2); cf. Doc. 12 at 7. Rather, he found that it was partially inconsistent with the objective evidence, including the types of treatments that were recommended for her and the results of recent physical examinations. See 20 C.F.R. §§ 404.1529(c)(3), (4).

Section 404.1529 requires a two-step evaluation of subjective symptoms: the ALJ first determines whether a medically determinable impairment could reasonably cause the alleged symptoms and then assesses their intensity, persistence, and effect on work; symptoms of fibromyalgia may not be discounted based on objective medical evidence or its absence.

Pevaroff v. Commissioner of Social Security · filed 2025-01-07(b), (c)

When the ALJ evaluates a plaintiff’s subjective complaints, the analysis proceeds in two steps: First, the ALJ must determine whether objective medical evidence presents a “medically determinable impairment” that could reasonably be expected to produce the claimant’s alleged symptoms. Second, after finding a medically determinable impairment, the ALJ must assess the intensity and persistence of the alleged symptoms to determine how they affect the claimant’s ability to work and whether the claimant is disabled. Arakas, 983 F.3d at 95 (first citing 20 C.F.R. § 404.1529(b), (c); and then citing SSR 16-3p, 2016 WL 1119029, at *3–4). ... “[A] claimant is ‘entitled to rely exclusively on subjective evidence to prove the second part of the test.’” Arakas, 983 F.3d at 95 (quoting Hines v. Barnhart, 453 F.3d 559, 565 (4th Cir. 2006)). ... However, “ALJs may not rely on objective medical evidence (or the lack thereof)—even as just one of multiple factors—to discount a claimant’s subjective complaints regarding symptoms of fibromyalgia or some other disease that does not produce such [objective] evidence.” Arakas, 983 F.3d at 97. ... The Court finds the ALJ applied the wrong legal standard when he failed to analyze fibromyalgia separately from Plaintiffs other impairments and seemingly relied on objective evidence to discredit Plaintiff's subjective complaints of pain from her fibromyalgia.

Section 404.1529(c) requires consideration of daily activities, symptom characteristics, medications and other treatment, relief measures, and other functional limitations when evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms.

Maura v. Colvin · filed 2025-01-10(c)

Factors to be considered in evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms include: (1) daily activities; ... (7) any other factors concerning an individual’s functional limitations and restrictions due to pain or other symptoms. SSR 16-3p, 2016 WL 1119029, at *7-*8; 20 C.F.R. §§ 404.1529(c), 416.929(c).

Section 404.1529(c) requires an ALJ evaluating subjective symptoms to consider objective medical evidence, daily activities, symptom characteristics, aggravating factors, medication, other treatment, and resulting functional limitations.

Mares v. O'Malley · filed 2025-01-13(c)

In evaluating a claimant’s subjective symptom allegations, an ALJ must consider several factors including: the objective medical evidence; the claimant’s daily activities; the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; precipitating and aggravating factors; type, dosage, effectiveness, and side effects of medication; treatment and other measures besides medication taken to relieve pain or other symptoms; and functional limitations due to pain or other symptoms. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304, at *5, 7-8 (Oct. 25, 2017). ... Viewing the record as a whole, the ALJ’s assessment of plaintiff's subjective statements and other testimonial evidence was not patently wrong and her request to remand the case for further consideration of this issue is denied.

Section 404.1529 requires a two-step evaluation of alleged disabling symptoms: first determining whether a medically determinable impairment could reasonably cause them, then evaluating their intensity, persistence, and functional limitations using objective medical and other evidence.

Roth v. Commissioner of Social Security · filed 2025-01-30(c)(1)–(3)

As Plaintiff notes, when symptoms of disabling severity are alleged, the ALJ must follow a two-step process when evaluating those symptoms. First, the ALJ must determine whether the individual has a medically determinable physical or mental impairment that can reasonably be expected to produce the symptoms alleged. See 20 C.F.R. § 404.1529(c)(1). Second, the ALJ must evaluate the intensity, persistence, and functional limitations of those symptoms by considering objective medical evidence and other evidence according to seven factors. 20 C.F.R. § 404.1529(c)(2), (3). Relevant here, these factors include (1) daily activities; (2) the location, duration, frequency, and intensity of pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication taken to alleviate pain or other symptoms; (5) treatment, other than medication, received for relief of pain or other symptoms; (6) any measures used to relieve pain or other symptoms; and (7) other factors concerning functional limitations and restrictions due to pain or other symptoms. See 20 C.F.R. § 404.1529(c)(3)(i)–(vii).

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

Sanders v. Commissioner of Social Security Administration · filed 2025-01-31(c)(2)

First, the regulations provide that an ALJ “will not reject [a claimant’s] statements about the intensity and persistence of your pain or other symptoms ... solely because the available objective medical evidence does not substantiate [a claimant’s] statements.” 20 C.F.R. § 404.1529(c)(2). ... As a result, the Court finds reversible error and orders the case remanded for a proper evaluation of Plaintiff’s subjective allegations in accordance with SSR 16-3p and 20 C.F.R. § 404.1529.

Section 404.1529 requires an ALJ to determine whether an underlying condition could reasonably produce the alleged symptoms and, if so, assess their intensity, persistence, and limiting effects using all available evidence and the specified symptom-related factors.

Hoover v. Social Security, Commissioner of · filed 2025-01-31(a), (c)(3)

The regulations set forth a two-step process for evaluating a plaintiff’s subjective symptoms. First, the ALJ evaluates whether objective medical evidence of an underlying condition exists and whether that condition could reasonably be expected to produce the alleged symptoms. 20 C.F.R. § 404.1529(a); Social Security Ruling (SSR) 16-3p. If so, the ALJ assesses any work-related limitations by determining the intensity, persistence, and limiting effects of these symptoms. 20 C.F.R. § 404.1529(a); SSR 16-3p. ... To evaluate the limiting effects of subjective symptoms, ALJs consider all available evidence, including the plaintiff’s history, laboratory findings, statements by the plaintiff, and medical opinions. 20 C.F.R. § 404.1529(a). Although a plaintiff’s description of his symptoms will “not alone establish that [he] is disabled,” id., the ALJ may not disregard the plaintiff’s subjective complaints because they lack substantiating objective evidence, SSR 16-3p. Along with objective evidence, ALJs must consider a plaintiff’s daily activities; the location, duration, frequency, and intensity of pain; precipitating and aggravating factors; the type, dosage, and side effects of medication to alleviate symptoms; and any other treatment or measures used to relieve pain. 20 C.F.R. § 404.1529(c)(3). ... Substantial evidence supports the ALJ’s reasoning.

Section 404.1529(c) requires an ALJ evaluating subjective symptoms to consider objective medical evidence, daily activities, symptom characteristics, aggravating factors, medication, other treatment, and resulting functional limitations.

Hultquist v. O'Malley · filed 2025-02-21(c)

In evaluating a claimant’s subjective symptom allegations, an ALJ must consider several factors including: the objective medical evidence; the claimant’s daily activities; the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; precipitating and aggravating factors; type, dosage, effectiveness, and side effects of medication; treatment and other measures besides medication taken to relieve pain or other symptoms; and functional limitations due to pain or other symptoms. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304, at *5, 7-8 (Oct. 25, 2017).

Section 404.1529 requires the Commissioner to decide whether a medically determinable impairment could reasonably produce the alleged symptom and then evaluate the symptom’s intensity, persistence, and work-related effects against the objective medical evidence and other evidence.

Smith v. Commissioner of Social Security · filed 2025-02-27(b), (c)(3)–(4)

The Commissioner, in turn, considers whether a “medically determinable impairment . . . could reasonably be expected to produce” the symptom. 20 C.F.R. §§ 404.1529(b), 416.929(b); SSR 16-3p, 2017 WL 5180304, at *3–*9. The Commissioner then evaluates the intensity and persistence of the symptom to determine the extent to which the symptom limits the ability to perform work-related activity. 20 C.F.R. §§ 404.1529(c), 416.929(c); SSR 16-3p, 2017 WL 5180304, at *3–*9. This consideration is not limited to the person’s statements about his symptoms. 20 C.F.R. §404.1529(c)(3). The Commissioner may consider other evidence, including the claimant’s work record, medical records, daily activities, and medication. Id. Thus, the Commissioner evaluates the statements “in relation to the objective medical evidence and other evidence[.]” 20 C.F.R. §404.1529(c)(4). ... The ALJ properly weighs Smith’s subjective statements against the record and describes the lack of record evidence supporting Smith’s assertions. Tr. 18, 21, 23; see Walker, 404 F. App’x at 366.

Section 404.1529 provides that a claimant’s statements about pain or other symptoms cannot alone establish disability and requires the ALJ to consider inconsistencies between those statements and the rest of the evidence.

Doerr v. Dudek · filed 2025-03-07(a), (c)(4)

Some of the function reports2 Plaintiff points to contain Plaintiff’s subjective complaints, see Tr. 402-09, however, “statements about your pain or other symptoms will not alone establish that you are disabled.” 20 C.F.R. § 404.1529(a); see 42 U.S.C. § 423(d)(5)(A) (“An individual’s statement as to pain or other symptoms shall not alone be conclusive evidence of disability.”). Again, the ALJ must “consider whether there are any inconsistencies in the evidence and the extent to which there are any conflicts between [Plaintiff’s] statements and the rest of the evidence, including [Plaintiff’s] history, the signs and laboratory findings, and statements by [Plaintiff’s] medical sources or other persons about how [Plaintiff’s] symptoms affect [Plaintiff].” 20 C.F.R. § 404.1529(c)(4); see SSR 16-3p, 2017 WL 5180304.

Section 404.1529(c) requires the intensity, persistence, and limiting effects of a claimant’s symptoms to be evaluated against the entire record and permits consideration of daily activities.

Weeder v. O'Malley · filed 2025-03-18(c)

During the second step of this assessment, the ALJ must determine whether the claimant’s statements regarding the intensity, persistence, or limiting effects of his or her symptoms are substantiated when considered in light of the entire case record. 20 C.F.R. § 404.1529(c), 416.929(c); SSR 16–3p. This includes, but is not limited to, medical signs and laboratory findings; diagnoses; medical opinions provided by treating or examining sources and other medical sources; and information regarding the claimant's symptoms and how they affect his or her ability to work. 20 C.F.R. § 404.1529(c), 416.929(c); SSR 16–3p. ... At the outset, the ALJ was entitled to consider Weeder’s abilities to perform activities of daily living in assessing Weeder’s subjective complaints. ... But the ALJ did not exclusively rely on these activities to conclude that Weeder was not disabled. Rather, the ALJ explicitly acknowledged that Weeder had some difficulty with activities of daily living, but that his ability to perform activities on some level, taken together with the entire record, suggested Weeder could perform work within the parameters of the RFC. (Tr. 19). Accordingly, we conclude that the ALJ’s consideration of Weeder’s symptoms is supported by substantial evidence.

Section 404.1529(c)(4) requires symptom factors to be considered in relation to the other record evidence and whether the claimant’s statements conflict with that evidence.

Dean v. Commissioner of Social Security · filed 2025-03-14(c)(4)

The factors must be considered “in relation to other evidence in the record and whether the claimant’s statements conflict with other evidence.” Raper, 89 F.4th at 1277 (citation omitted); see 20 C.F.R. § 404.1529(c)(4).

Section 404.1529(c)(4) requires the adjudicator to evaluate a claimant’s statements about the intensity, persistence, and limiting effects of symptoms in relation to objective medical and other evidence and to consider inconsistencies in the evidence.

Harvey v. Dudek · filed 2025-03-24(c)(4)

As for Harvey’s subjective complaints of pain, the Court determines that the ALJ, “in reaching [his] conclusion as to whether [Harvey was] disabled,” fully and properly “consider[ed his] statements about the intensity, persistence, and limiting effects of [his] symptoms,” and “evaluate[d his] statements in relation to the objective medical evidence and other evidence.” 20 C.F.R. § 404.1529(c)(4).

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, and a selective reading of the medical record is not substantial evidence for rejecting the claimant’s subjective complaints.

Green, IV v. Social Security, Commissioner of · filed 2025-03-24(c)(1)

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); see also Soc. Sec. Rul. (“SSR”) 16-3p, 2016 WL 1119029, at *4 (March 16, 2016). ... Here, in light of the foregoing, the ALJ’s selective reading of the relevant medical records simply does not constitute substantial evidence to reject Plaintiff’s subjective complaints. As such, remand is warranted.

Section 404.1529 requires a two-step evaluation of subjective symptoms: first determining whether medically determinable impairments could reasonably produce the alleged symptoms, and then assessing whether the claimed intensity, persistence, and limiting effects are consistent with the evidence.

SILVA v. COMMISSIONER OF SOCIAL SECURITY · filed 2025-03-26

At step four, ALJ Menard engaged in an extensive analysis pertaining to Plaintiff’s residual functional capacity (“RFC”), and he followed the proper two-step process to determine Plaintiff’s RFC. (Tr. 23-35); 20 C.F.R. §§ 404.1529, 416.929. At the first step, ALJ Menard concluded that Plaintiff’s “medically determinable impairments could reasonably be expected to” produce his alleged symptoms. (Tr. at 24.) However, at the second step, ALJ Menard found that Plaintiff’s “statements concerning the intensity, persistence and limiting effects of these symptoms are not entirely consistent with the medical evidence and other evidence in the record[.]” (Id.)

Section 404.1529(c)(4) requires an adjudicator evaluating alleged symptom-related limitations to consider their consistency with the overall record, including both objective medical evidence and other evidence.

Spence v. Dudek · filed 2025-03-27(c)(4)

A claimant’s symptoms, including pain, are considered to diminish her capacity to work to the extent that alleged functional limitations are reasonably consistent with objective medical and other evidence. 20 C.F.R. § 404.1529(c)(4). ... In short, the ALJ’s evaluation of the Plaintiff’s self-described limitations would have benefitted from a more robust analysis of the overall evidence of record – and not just limited portions of the objective medical record.

Section 404.1529(c) permits an ALJ to weigh inconsistent objective evidence and requires consideration of daily activities, but does not allow symptom statements to be rejected solely because objective evidence fails to substantiate them.

LaVia v. Commissioner Social Security Administration · filed 2025-04-04(c)(2), (c)(3)(i)

While an ALJ may also consider the lack of corroborating objective medical evidence as one factor in “determining the severity of the claimant’s pain,” Rollins, 261 F.3d at 857, they cannot reject subjective pain testimony solely on that basis. Robbins v. Soc. Sec. Admin., 466 F.3d 880, 883 (9th Cir. 2006); see also 20 C.F.R. § 404.1529(c)(2) (the Commissioner “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”). ... The relevant regulations require an ALJ to consider a claimant’s daily activities when evaluating subjective symptom statements. 20 C.F.R. § 404.1529(c)(3)(i). ... Because the ALJ reasonably cited several activities that conflict with Plaintiff’s allegations about the limitations her mental health symptoms cause, this was another clear and convincing reason for the ALJ to rely upon to discount his testimony.

Section 404.1529(c)(4) requires an ALJ to assess whether a claimant’s alleged functional limitations are consistent with the objective medical evidence and other evidence, although symptom severity may be proved through subjective evidence alone.

Miller v. Bisignano · filed 2025-05-05(c)(4)

There is no dispute that the Plaintiff is entitled to rely upon on her subjective complaints exclusively to prove her symptoms prevent her from working, however, this does not mean that the ALJ must accept her statements to the exclusion of the objective or other evidence of record – especially when there are inconsistencies within the overall record of evidence. See 20 C.F.R. §§ 404.1529(4), 416.929(4). The ALJ is obligated to consider the Plaintiff’s alleged functional limitations that “can reasonably be accepted as consistent with the objective medical evidence and other evidence.” Id. Accordingly, the undersigned FINDS that the ALJ’s symptom analysis comports with this Circuit’s jurisprudence, and is supported by substantial evidence.

Section 404.1529(c) requires an ALJ evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms to consider the medical evidence, the claimant’s statements, information from medical sources, and other relevant record evidence.

Hunt v. Commissioner of Social Security · filed 2025-05-06(c)

To evaluate the “intensity, persistence, and limiting effects of an individual’s symptoms,” the ALJ must look to medical evidence, statements by the claimant, other information provided by medical sources, and any other relevant evidence on the record. See 20 C.F.R. §§ 404.1529, 416.929; SSR 16-3p, 2016 WL 1119029 (March 16, 2016). ... The Court finds substantial evidence supports the ALJ’s assessment of Hunt’s subjective complaints. The record evidence, as noted by the ALJ, is not entirely consistent with Hunt’s allegations of disabling conditions. (Id. at 21-25.) The ALJ credited some of Hunt’s subjective symptoms but did not accept them to the extent alleged by Hunt because of findings on examinations, his own statements, and gaps in treatment, factors to be considered under the regulations. (Id.) The Court finds it is able to trace the path of the ALJ’s reasoning regarding the subjective symptom evaluation in the decision.

Section 404.1529 requires a claimant’s subjective symptoms to be supported by evidence of an underlying medical condition and either confirming objective evidence or a condition severe enough to reasonably produce the alleged symptoms, after which the ALJ evaluates their intensity, persistence, and effects on the claimant’s ability to work.

Decker v. Social Security Administration, Commissioner · filed 2025-05-07(a), (b), (c)(3), (c)(4)

A claimant’s subjective complaints are insufficient to establish a disability. See 20 C.F.R. § 404.1529(a); Edwards v. Sullivan, 937 F.2d 580, 584 (11th Cir. 1991). Subjective testimony of pain and other symptoms may establish the presence of a disabling impairment if it is supported by medical evidence. See Foote v. Chater, 67 F.3d 1553, 1561 (11th Cir. 1995). The Eleventh Circuit applies a two-part pain standard when a claimant claims disability due to pain or other subjective symptoms. The claimant must show evidence of an underlying medical condition and either (1) objective medical evidence that confirms the severity of the alleged symptoms arising from the condition, or (2) that the objectively determined medical condition is of such severity that it can reasonably be expected to give rise to the alleged symptoms. See 20 C.F.R. § 404.1529(a), (b); Social Security Ruling 16-3p, 2017 WL 5180304, at *3–*4 (Oct. 25, 2017) (“SSR 16-3p”); Wilson v. Barnhart, 284 F.3d 1219, 1225 (11th Cir. 2002). ... The ALJ properly evaluated Mr. Decker’s symptoms consistent with the Eleventh Circuit’s pain standard and her decision was supported by substantial evidence.

Section 404.1529(c)(4) requires a claimant's symptom statements to be evaluated in relation to objective medical and other evidence, including a supporting medical opinion.

Hopper v. Commissioner of Social Security · filed 2025-05-09(c)(4)

This testimony should have been evaluated in light of Dr. Grey’s medical opinion that over-exertion could trigger Plaintiff’s paroxysms and that her paroxysms were disabling when they occurred. See 20 C.F.R. § 404.1529(c)(4) (“[W]e will evaluate your statements in relation to the objective medical evidence and other evidence, in reaching a conclusion as to whether you are disabled.”). The Court finds the ALJ’s error was not harmless, and Plaintiff’s symptom and limitation testimony should be reevaluated in light of Dr. Gray’s opinion.

Section 404.1529 requires medical evidence of an impairment capable of producing alleged symptoms and, when the alleged severity exceeds the objective evidence, consideration of other information and relevant symptom factors.

Robbins v. Commissioner of Social Security · filed 2025-06-04(a), (c)(3)

A claimant’s statement that she is experiencing pain or other symptoms will not, taken alone, establish that she is disabled; there must be medical signs and laboratory findings which show the existence of a medical impairment that could reasonably be expected to give rise to the pain and other symptoms alleged. 20 C.F.R. §§ 404.1529(a), 416.929(a). ... When, as in this case, the reported symptoms suggest an impairment of greater severity than can be shown by objective medical evidence, the ALJ should consider other information and factors which may be relevant to the degree of symptoms alleged. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3).

Section 404.1529(a) requires the ALJ, after a claimant satisfies the threshold pain test, to determine from the whole record whether and to what extent the claimant’s symptoms limit her capacity to work.

Hill v. Social Security Administration, Commissioner · filed 2025-06-26(a)

If a claimant satisfies this test, the inquiry shifts to whether and to what extent the claimant’s symptoms limit her capacity to work. 20 C.F.R. § 404.1529(a). This requires the ALJ to determine “the intensity, persistence, and functionally limiting effects” of a claimant’s pain based on the record as a whole. See Foote v. Chater, 67 F.3d 1553, 1561 (11th Cir. 1995) (per curiam).

Section 404.1529 requires a two-step assessment of symptoms and does not permit an ALJ at the second step to discount subjective complaints solely because objective medical evidence does not corroborate them.

Eastman v. O'Malley · filed 2025-07-10(c)(2)

When evaluating a claimant’s subjective complaints, ALJs use the two-step analytical framework set forth in 20 C.F.R. § 404.1529 and described in Social Security Ruling (“SSR”) 16-3p. ... Step one of this process requires an ALJ to determine whether a “medically determinable impairment” exists that could “reasonably be expected to produce the claimant’s alleged symptoms.” ... At the second step, the ALJ assesses “the intensity and persistence of the alleged symptoms to determine how they affect the claimant’s ability to work and whether the claimant is disabled.” ... The Court now finds that the ALJ erred in discounting Plaintiff’s subjective complaints as inconsistent with the record’s medical evidence. The ALJ cannot dismiss Plaintiff’s subjective complaints based entirely upon the belief that they were not corroborated by the record’s medical evidence.