20 C.F.R. § 404.1529

Section 404.1529 requires a two-step evaluation of a claimant’s symptoms: determining whether a medically determinable impairment could produce them, then assessing their intensity, persistence, and limiting effects against the entire record, including daily activities.

Hoppes v. O'Malley · filed 2025-07-11(a)–(c)

The Social Security Rulings and Regulations provide a framework for evaluating the severity of a claimant’s reported symptoms. 20 C.F.R. §§ 404.1529, 416.929; SSR 16–3p. Thus, the ALJ must follow a two-step process: first, the ALJ must determine whether a medically determinable impairment could cause the symptoms alleged; and second, the ALJ must evaluate the alleged symptoms in light of the entire administrative record. SSR 16-3p. ... 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. ... As to activities of daily living, we note that an ALJ is permitted to consider a claimant’s activities of daily living when determining the plaintiff’s credibility. ... We therefore find no basis for a remand.

Section 404.1529 requires a claimant first to show medical signs or laboratory findings of an impairment reasonably expected to produce the alleged symptoms, after which the adjudicator evaluates the symptoms’ intensity, persistence, and effect on the ability to work using objective medical evidence and other specified evidence.

Richardson v. Kijakazi · filed 2025-07-18(b), (c)(2)–(3)

In evaluating a claimant’s testimony about his alleged symptoms, the claimant must first present “medical signs or laboratory findings” evidencing a “medically determinable impairment that could reasonably be expected to produce” the claimant’s pain or other symptoms. See 20 C.F.R. § 404.1529(b). Once the claimant meets the threshold obligation, the ALJ considers the intensity and persistence of the claimant’s pain or other symptoms, and the extent to which it affects his ability to work. Id. § 404.1529(c). At this stage, the ALJ considers not only objective medical evidence, but also evidence such as the claimant’s daily activities; location, duration, frequency and intensity of his symptoms; precipitating and aggravating factors; type, dosage, effectiveness, and side effects of any medications; and other treatments received. Id. § 404.1529(c)(2)–(3).

Section 404.1529(c)(1)-(2) requires an ALJ who finds that a medically determinable impairment could reasonably produce the alleged symptoms to evaluate their intensity, persistence, and limiting effects in light of the objective medical evidence and statements from the claimant and doctors.

Smith v. Bisignano · filed 2025-07-25(c)(1)-(2)

“If the record shows the claimant has a medically determinable impairment that could reasonably be expected to produce [his] symptoms, the ALJ must evaluate the intensity and persistence of the symptoms in determining how they limit the claimant's capacity for work” in light of the objective medical evidence and statements by the claimant and her doctors. See Costigan v. Comm'r of Soc. Sec., 603 F. App'x 783, 786 (11th Cir. 2015) (citing 20 C.F.R. § 404.1529(c)(1)-(2)). “If the ALJ discredits subjective testimony, he must articulate explicit and adequate reasons for doing so.” Wilson, 284 F.3d at 1225. The ALJ followed this rubric, making clear at several points in the decision why he discounted Plaintiff’s subjective testimony about his condition and limitations.

Section 404.1529(c) permits a claimant whose medically determinable impairment could reasonably cause the alleged symptoms to prove their disabling intensity and persistence through subjective evidence alone, although contradictory evidence may support discounting those allegations.

Stone v. Commissioner of Social Security · filed 2025-07-29(c)

The Fourth Circuit has held that if a plaintiff’s “medically determinable impairment(s) ... could reasonably be expected to produce [the plaintiff’s] symptoms,” 20 C.F.R. § 404.1529(c), which the ALJ found here, the plaintiff may “rely exclusively on subjective evidence to prove that [his] symptoms [are] so continuous and/or severe that they prevented [him] from working.” Oakes, 70 F.4th at 215 (quoting Arakas, 983 F.3d at 96) (alterations in original). Accordingly, while contradictory evidence may discredit Mr. Stone’s subjective statements regarding the limiting effects of his impairments, a mere absence of medical evidence does not. ... As such, the Court finds that the ALJ properly evaluated Mr. Stone’s symptoms.

Subsections (c)(1) through (c)(4) permit an ALJ to evaluate symptom intensity and work limitations using both objective and nonmedical evidence when the ALJ articulates the reasons for the resulting consistency finding.

Hodge v. Social Security Administration, Commissioner · filed 2025-09-05(c)(1)-(4)

The ALJ correctly considered both objective medical evidence and nonmedical evidence and articulated his reasoning for why he found evidence persuasive or unpersuasive.

Section 404.1529(a) does not require an ALJ to accept a claimant's subjective symptom complaints at face value.

McClintock v. Social Security Administration, Commissioner of · filed 2020-03-16(a)

But, the ALJ was not required to take Plaintiff at her word. 20 C.F.R. § 404.1529(a).

Section 404.1529(c)(3) directs ALJs evaluating subjective symptoms to consider daily activities, symptom characteristics, triggers, medication, treatment, relief measures, and functional restrictions.

Combs v. Kijakazi · filed 2021-09-29(c)(3)

In analyzing a claimant’s subjective complaints, the regulations instruct ALJs to consider the following factors: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the condition; (3) precipitating and aggravating factors; (4) type, dosage, effectiveness, and side effects of medication; (5) treatment, other than medication; (6) any measures you use or have used to relieve your pain or other symptoms; other factors concerning the claimant's functional restrictions. 20 C.F.R. § 404.1529(3).

Section 404.1529(c) permits an ALJ to consider objective evidence alongside other evidence when evaluating symptoms, but the lack of objective evidence alone cannot discredit a claimant’s statements.

Horton v. Saul · filed 2021-12-29(c)

In other cases, the ALJ may consider that objective evidence, or lack thereof, in conjunction with other evidence. 20 C.F.R. §§ 404.1529(c), 416.929(c). In any case, the ALJ may not rely solely on the lack of objective medical evidence to discredit a claimant’s subjective statements.

Section 404.1529(c) permits an ALJ to consider objective evidence alongside other evidence when evaluating symptoms, but the lack of objective evidence alone cannot discredit a claimant’s statements.

Montgomery v. Kijakazi · filed 2022-01-25(c)

In other cases, the ALJ may consider that objective evidence, or lack thereof, in conjunction with other evidence. 20 C.F.R. §§ 404.1529(c), 416.929(c). In any case, the ALJ may not rely solely on the lack of objective medical evidence to discredit a claimant’s subjective statements.

Section 404.1529(c) requires consideration of all available evidence when assessing how symptoms limit a claimant’s ability to work; an ALJ may not reject subjective statements solely for lack of objective medical evidence.

Brice v. Saul · filed 2022-01-28(c)

In other cases, the ALJ may consider that objective evidence, or lack thereof, in conjunction with other evidence. 20 C.F.R. §§ 404.1529(c), 416.929(c). In any case, the ALJ may not rely solely on the lack of objective medical evidence to discredit a claimant’s subjective statements. Id.

Section 404.1529(c) allows an ALJ to consider objective evidence alongside other evidence when assessing symptoms, but a lack of objective evidence alone cannot discredit a claimant’s statements.

Patterson v. Saul · filed 2022-02-14(c)

In other cases, the ALJ may consider that objective evidence, or lack thereof, in conjunction with other evidence. 20 C.F.R. §§ 404.1529(c), 416.929(c). In any case, the ALJ may not rely solely on the lack of objective medical evidence to discredit a claimant’s subjective statements. Id.

Section 404.1529(c) requires an ALJ to evaluate how a claimant’s symptoms limit the ability to work by considering the claimant’s statements alongside the other evidence.

Walters v. Saul · filed 2022-02-14(c)

The ALJ then proceeded to consider Samantha W.’s allegations in concert with the other evidence in the record, including Samantha W.’s statements about her symptoms over time, the extent of her daily activities, and the objective evidence in the record. Tr. 22-24. ... Substantial evidence supports the ALJ’s evaluation of Samantha W.’s subjective complaints.

Section 404.1529(c) requires an ALJ to consider other evidence when objective medical evidence does not substantiate a claimant’s statements about the limiting effects of symptoms.

Vazquez v. Commissioner of Social Security · filed 2022-03-29(c)

If the objective medical evidence does not substantiate the claimant’s statements about the intensity, persistence, and functionally limiting effects of symptoms, then the ALJ must consider other evidence in the record to determine if, and to what extent, the claimant’s symptoms limit her ability to do work-related activities.

Section 404.1529 permits an ALJ to consider a claimant’s treatment history, including declined treatment, when evaluating subjective complaints of disabling symptoms.

Caldwell v. Kijakazi · filed 2022-04-14

An ALJ may discredit Plaintiff’s subjective claims of disabling symptoms to the extent they are inconsistent with the record, “including: the objective medical evidence and medical opinion evidence; the claimant’s daily activities; the duration, frequency, and intensity of pain; dosage, effectiveness, and side effects of medications and medical treatment; and the claimant’s self-imposed restrictions.” Hicks v. Colvin, 2014 WL 651380 (E.D. Mo. Feb 19, 2014) citing Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir.1984); 20 C.F.R. § 404.1529; SSR 96-7p. ... Thus, the ALJ appropriately considered her history of declining injection treatment as a factor relevant to her subjective complaints of disabling pain.

Section 404.1529(c) allows a claimant to establish the severity of symptoms through subjective evidence; an ALJ may not require objective medical evidence to corroborate those symptoms.

Jackson v. Kijakazi · filed 2022-06-08(c)

Therefore, similar to this Circuit’s holding in Arakas and its progeny, the Court finds that the ALJ erroneously increased Plaintiff’s burden and relied solely on objective medical evidence to discount Plaintiff’s subjective complaints, warranting remand.

Section 404.1529 permits an ALJ to assess subjective symptoms using evidence beyond objective medical findings, including other evidence in the record.

Larsen v. Commissioner of Social Security · filed 2022-06-09(c)(4)

The ALJ here did not, however, discount Claimant’s subjective complaints solely on the basis of a lack of objective medical evidence, but rather also considered other evidence in doing so (R. 28-29), so Claimant’s argument on this point is also without merit.

Section 404.1529(c)(4) permits an ALJ to assess reported symptom severity against medical findings and other evidence, with specific reasons for finding the reports inconsistent.

TORRES v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-08-25(c)(4)

The ALJ then identified evidence in the record suggesting that Plaintiff’s symptoms are not as severe as he says they are. The ALJ noted several physical examinations with normal results, as well as emergency room visits with normal examination results and no follow-up. (R. 18-19). Plaintiff himself reported no pain at a physical examination in 2019. (R. 19). These are specific reasons for the ALJ’s determination.

Section 404.1529(c) requires an ALJ to consider objective medical evidence and other relevant factors when evaluating a claimant’s statements about symptoms.

Ruiz, Jr. v. Saul · filed 2022-11-21(c)

Turning to the substantive analysis, the ALJ first discounted Plaintiff’s statements because they were inconsistent with objective evidence in the record showing that he had full strength, normal nonpainful range of motion in various joints, and normal gait. (R. 80). The Court finds no error in this determination.

Section 404.1529(c)(3) requires an ALJ to consider factors beyond objective medical evidence, including daily activities, when evaluating a claimant’s symptoms.

Judy v. Berryhill · filed 2020-05-29(c)(3)

Even if the ALJ should have recognized that Plaintiff lives in a rural area, far from medical providers, this is not a case where the ALJ failed to consider other factors, beyond objective medical records, that bore on the veracity of Plaintiff’s subjective allegations of pain. The ALJ appropriately summarized and considered Plaintiff’s subjective statements, as well as the objective results from her medical examinations, to assess her condition.

Section 404.1529(c) requires consideration of medical evidence, daily activities, symptoms, aggravating factors, medication, treatment, and functional limitations when evaluating a claimant’s reported symptoms.

Padilla v. Saul · filed 2020-06-17(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). ... Given all of these adequate reasons supported by the record for discounting Jesus’s allegations of limitations, the ALJ’s subjective symptom assessment was not patently wrong.

Medication treatment does not justify discounting a claimant’s subjective symptoms when those symptoms persist despite treatment.

Furstenau v. Saul · filed 2020-06-18(c)(3)

Thus, Furstenau’s medication regime is not substantial evidence to justify discounting her subjective symptoms.

Section 404.1529(c)(2) does not permit an ALJ to discount a claimant’s reported pain intensity solely because objective medical findings do not substantiate it.

Moody v. Saul · filed 2020-06-19(c)(2)

Indeed, a claimant’s “subjective evidence of pain intensity cannot be discounted solely based on objective medical findings.” Lewis, 858 F.3d at 866 (citing 20 C.F.R. §§ 404.1529(c)(2), 416.929(c)(2)).

Section 404.1529 permits an ALJ to assess whether a claimant’s statements about the intensity, persistence, and limiting effects of symptoms are consistent with medical and other evidence.

Price v. Commissioner of Social Security · filed 2025-04-08(a), (c)(3)

The ALJ found although Plaintiff has a medically determinable physical impairment—degenerative disc disease of the lumbar spine—that could reasonably be expected to cause the alleged physical symptoms; Plaintiff’s subjective statements concerning the intensity, persistence and limiting effects of the symptoms were not entirely consistent with the medical evidence and other evidence in the record (Id.) (citing 20 C.F.R. §§ 404.1529(a), (c)(3); Duncan v. Sec’y of Health & Human Servs., 801 F.2d 847, 853 (6th Cir. 1986). For the above reasons, the ALJ’s RFC determination is supported by substantial evidence and comports with applicable law, including Social Security Ruling 16-3p.

Section 404.1529(c)(3) requires consideration of factors including medication, other treatment, and measures used to relieve symptoms when evaluating a claimant’s subjective statements.

Edwards v. O'Malley (CONSENT) · filed 2025-08-27(c)(3)

When determining whether a claimant’s subjective statements are credible, the ALJ considers: “(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 facts; (4) the type, dosage, effectiveness, and side effects of medication; (5) the claimant’s treatments other than medication; (6) any measures used to relieve pain; and (7) other factors concerning a claimant’s functional limitations and restrictions based on pain or other symptoms.” Raper, 89 F.4th at 1277 (citing 20 C.F.R. § 404.1529(c)(3)(i)–(vii)).

Section 404.1529(c)(3)–(4) allows an ALJ to consider treatment, medication effectiveness, daily activities, and conflicts with other evidence when evaluating reported symptoms.

Casper v. Social Security Administration, Commissioner · filed 2025-08-27(c)(3)–(4)

ALJs may consider the nature of the claimant’s symptoms, the effectiveness of medication, a claimant’s treatment, a claimant’s daily activities, measures a claimant takes to relieve symptoms, and any conflicts between the claimant’s statements and other evidence. 20 C.F.R. §§ 404.1529(c)(3)–(4), 416.929(c)(3)–(4).

Section 404.1529 requires the ALJ to evaluate a claimant’s statements about the intensity, persistence, and limiting effects of symptoms against the medical and other evidence of record.

DEBACCO · filed 2026-02-18(c)

More generally, a claimant’s subjective perceptions or statements about, e.g., the intensity, persistence or functionally limiting effects of, pain or other symptoms must be evaluated by the ALJ in the context of their substantiation by/consistency with medical and other evidence of record in determining the extent to which they may limit the claimant’s work-related activities.

Section 404.1529 directs an ALJ to consider factors including pain, medication, daily activities, and inconsistencies in the evidence when evaluating a claimant’s symptoms.

Ferguson v. Astrue · filed 2008-02-06(c)(3)-(4)

In assessing a plaintiffs credibility, an ALJ considers, among other things, the nature, location, onset, duration, frequency, radiation, and intensity of any pain; ... the individual’s daily activities; any inconsistencies in the record; and whether the plaintiffs testimony conflicts with the rest of the evidence. ... Here, the ALJ adequately considered the relevant factors in making his credibility determination.

Section 404.1529(c)(1) requires an ALJ to evaluate the intensity and persistence of symptoms that a medically determinable impairment could reasonably produce.

Costigan v. Commissioner, Social Security · filed 2015-02-26(c)(1)

If the record shows that the claimant has a medically determinable impairment that could reasonably be expected to produce her symptoms, the ALJ must evaluate the intensity and persistence of the symptoms in determining how they limit the claimant’s capacity for work.

Section 404.1529 requires an ALJ to consider a claimant's subjective statements about symptoms and their effects on the ability to work.

Searles v. SSA · filed 2000-10-13(a), (b), (c)(1), and (c)(3)

The SSA regulations require an ALJ to consider a claimant's own subjective statements concerning his symptoms, including statements regarding how those symptoms affect the claimant's ability to work. 20 C.F.R. § 404.1529(a) (2000).

Section 404.1529 requires a two-step evaluation of symptoms: determine whether a medically documented impairment could cause them, then assess their intensity, persistence, and effect on the claimant’s ability to work.

Mosley v. Saul · filed 2019-09-25(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.”

Section 404.1529(c) requires an ALJ to consider evidence beyond objective medical findings when evaluating a claimant’s statements about symptoms, including treatment history and explanations for declining treatment.

Swallow v. Commissioner of Social Security · filed 2019-12-03(c)

In recognition of the fact that an individual’s symptoms can sometimes suggest a greater level of severity of impairment than can be shown by the objective medical evidence alone, 20 C.F.R. §§ 404.1529(c) and 416.929(c) describe the kinds of evidence, including the factors below, that the ALJ must ... consider in addition to the objective medical evidence when assessing the ... credibility of an individual’s statements: ... It was permissible for the ALJ to rely on the fact that Plaintiff has not followed through on treatment recommendations for her carpel tunnel syndrome, finding that Plaintiff’s explanation that surgery caused her anxiety does not explain why she would not follow through on less invasive treatments like injections.

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

Redfield v. Commissioner of Social Security · filed 2020-02-11(c)

In recognition of the fact that an individual’s symptoms can sometimes suggest a greater level of severity of impairment than can be shown by the objective medical evidence alone, 20 C.F.R. §§ 404.1529(c) and 416.929(c) describe the kinds of evidence, including the factors below, that the ALJ must consider in addition to the objective medical evidence when assessing the credibility of an individual’s statements: 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.

Section 404.1529(c)(3)(i) directs the agency to consider a claimant’s daily activities when evaluating subjective complaints of pain.

Muschko v. Commissioner Social Security · filed 2021-08-18(c)(3)(i)

We conclude that the ALJ rightfully considered medical evidence and evidence of Muschko’s regular activities and adequately explained how they contradicted Muschko’s statements about his pain and the limiting effects of his symptoms. See, e.g., 20 C.F.R. § 404.1529(c)(3)(i) (stating the agency will consider claimant’s daily activities in evaluating subjective complaints); Burns v. Barnhart, 312 F.3d 113, 129–30 (3d Cir. 2002) (holding ALJ appropriately considered claimant’s contradictory activities and the lack of medical evidence in finding claimant was not fully credible).

Section 404.1529(c)(2) requires an ALJ to consider how consistent a claimant’s statements are with the objective medical evidence.

(SS) Quintana v. Commissioner of Social Security · filed 2021-08-18(c)(2)

According to the Social Security governing regulations, an ALJ must consider how consistent plaintiff’s statements are with the objective medical evidence. 20 C.F.R. § 404.1529(c)(2).

Section 404.1529(c)(3) requires the ALJ to consider all evidence presented when assessing a claimant’s subjective symptoms.

Mallory v. Kijakazi · filed 2023-09-28(c)(3)

Although this evidence is outside of the Relevant Period, the Court finds it was appropriate for the ALJ to consider the entire longitudinal record in assessing Plaintiff’s credibility, particularly considering Plaintiff’s statements at the hearing ... that his symptoms have not changed since 2009 (AR at 35, 38). See 20 C.F.R. § 404.1529(c)(3) (requiring the ALJ to consider “all of the evidence presented” in assessing subjective symptoms).

Section 404.1529(c)(3) requires an ALJ to consider relevant factors when evaluating a claimant’s symptoms.

Snead v. Chater · filed 1997-10-31(c)(3)

An ALJ should ordinarily consider a variety of factors when determining the credibility of pain testimony.

Section 404.1529 requires an ALJ to consider a claimant’s medically determinable impairments when evaluating the effects of reported symptoms on the claimant’s ability to work.

Sawyer v. Astrue · filed 2011-04-04

Building on that incomplete foundation, the ALJ erred in his credibility analysis insofar as he failed to consider Ms. Sawyer’s neuropathy as part of his credibility determination.

Section 404.1529(c) allows an ALJ to discount subjective symptom complaints after considering the relevant factors and giving reasons supported by substantial evidence; the ALJ need not discuss every factor explicitly.

TIPPIE v. Astrue · filed 2011-06-09(c)

Further, an ALJ need not explicitly discuss each Polaski factor; it is sufficient if the ALJ acknowledges and considers those factors before discounting a claimant’s subjective complaints. ... In assessing Tippie’s credibility, the ALJ first acknowledged the above factors. AR 14-15 (citing 20 C.F.R. § 404.1529(c) and Social Security Ruling 96-7p). ... In sum, Tippie’s treatment history, activities of daily living, and work history were good reasons supported by substantial evidence in the record for the ALJ to discount her credibility.

Section 404.1529(c) requires an ALJ to assess the severity and functional effects of a claimant’s symptoms after finding an impairment that could reasonably produce them.

Colon v. Astrue · filed 2012-01-19(c)

The ALJ’s opinion hews exactly to the Avery two-step process. At the first step, the ALJ found that Colon suffers from medically determinable impairments that could reasonably give rise to her complaints of pain. At the second step, however, the ALJ found Colon’s subjective complaints to be only marginally credible and only to the extent that they were not inconsistent with the “objective medical evidence, as well as the findings of the State agency medical consultant, and the ultimate findings of the Vocational Expert.” R. at 12.

Section 404.1529 requires the hearing officer to determine whether a medically determinable impairment could produce the alleged symptoms, then assess how far those symptoms are consistent with the medical and other evidence.

Perez v. Astrue · filed 2012-11-30(a), (b)

At the first step, the “[hearing officer] must decide whether the claimant suffers from a medically determinable impairment that could reasonably be expected to produce the symptoms alleged.” Id (citing 20 C.F.R. § 404.1529(b)). If the claimant suffers from such an impairment, the second step requires the hearing officer to determine “the extent to which [the claimant’s] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence of record.” Id. (alterations in original) (quoting 20 C.F.R. § 404.1529(a)) (internal quotation marks omitted). ... The Court rejects this argument because the hearing officer’s credibility determination is supported by substantial evidence.

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider daily activities, the nature and intensity of symptoms, aggravating factors, medication effects, and measures taken for relief.

Hernandez v. Commissioner of Social Security · filed 2013-07-17(c)(3)

When evaluating a claimant’s subjective symptoms, the ALJ must ... consider such things as: (1) the claimant’s daily activities; (2) the nature and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) effects of medications; and (5) treatment or measures taken by the claimant for relief of symptoms. See 20 C.F.R. § 404.1529(c)(3). ... Based on this record, substantial evidence supports the ALJ’s determination that Hernandez’s testimony regarding the severity and limiting effect of her pain was not credible.

Section 404.1529(c) governs how an ALJ evaluates a claimant’s statements about the severity and effects of symptoms in light of the medical evidence.

Seney v. Colvin · filed 2013-11-05(c)

Here, the ALJ provided a detailed explanation of why she rejected Seney’s testimony regarding the effects of her symptoms, most notably that there is no objective medical evidence in the record that suggests her impairment is of such severity as would preclude her from performing all work-related activities. The evidence in the record supports this finding, and Seney has failed to show other evidence which contradicts or undermines the ALJ’s conclusion.

Section 404.1529(c)(3) calls for consideration of a claimant’s daily activities, treatments, and measures used to relieve pain when evaluating symptoms.

Johnson v. Commissioner, Social Security Administration · filed 2015-07-09(c)(3)

In assessing Johnson’s testimony, the ALJ considered, among other things, Johnson’s daily activities, treatments other than medication, and measures Johnson ... used to alleviate his pain or symptoms. See § 404.1529(c)(3).

Section 404.1529 requires an ALJ to evaluate a claimant’s reported symptoms and explain the reasons for discounting them with enough detail to permit review.

Lewis v. Colvin · filed 2015-08-21

Where the record evidence does not support a claimant’s testimony, the ALJ must employ a two-step .analysis to evaluate the claimant’s reported symptoms. See 20 C.F.R. § 404.1529; SSR 96-7p. ... Because the Regulations require an ALJ to detail specific reasons supporting his determination of a plaintiffs credibility, his mere recitation of the language of the Regulations frustrates meaningful review.

Section 404.1529(c)(3) requires an ALJ to consider evidence about a claimant’s symptoms and functional limits; inconsistencies with the record may support discounting the claimant’s account.

Gallagher v. Colvin · filed 2017-03-22(c)(3)

Under this standard, the ALJ’s conclusion that Plaintiffs “allegations of disability are not fully credible” is reasonable and will be upheld. Taken as a whole, there are a number of inconsistencies between the record and Plaintiffs testimony that support the ALJ’s decision.

Section 404.1529(a) requires an ALJ to assess whether claimed limitations from pain and other symptoms are consistent with medical signs and laboratory findings.

Stringer v. Commissioner Social Security Administration · filed 2020-06-22(a)

In evaluating a claimant’s statements, an ALJ must “determine the ... extent to which [the claimant’s] alleged functional limitations and restrictions due.to pain and other symptoms can reasonably be accepted as consistent with the medical signs and laboratory findings.” 20 C.F.R. § 404.1529(a); see also Bray, 554 F.3d at 1227.

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

Kaplarevic v. Saul · filed 2020-07-16(c)

If so, the ALJ then “evaluate[s] the intensity and persistence” of the claimant’s symptoms and determines how they limit the claimant’s “capacity for work.” ... Here, the ALJ engaged in the proper assessment of Plaintiff’s subjective symptoms.

Section 404.1529(c)(3) identifies factors for evaluating symptoms, including daily activities, pain, medication, treatment, and functional limitations.

Marentes v. Social Security Administration · filed 2021-09-01(c)(3)

The ALJ’s conclusions concerning Plaintiff’s ability to handle, finger, and feel with both hands were supported by substantial evidence, and her reasons for discounting Plaintiff’s subjective complaints were specific and closely and affirmatively linked to evidence in the record.

Section 404.1529(a) requires the ALJ to determine whether a medically determinable impairment could reasonably produce the claimant’s alleged symptoms.

Cannon v. Saul · filed 2019-07-26(a)

First, the ALJ must determine whether the claimant has a medically determinable impairment that “could reasonably be expected to produce the pain or other symptoms alleged.”

Section 404.1529(c)(3) permits consideration of daily activities, medication, treatment, and other factors when evaluating a claimant’s reported symptoms.

Wood v. Social Security Administration, Commissioner · filed 2019-07-29(c)(3)

When evaluating the credibility of claimant’s intensity, persistence, or limiting effects of her symptoms, the ALJ may consider a claimant’s daily activities; the location, duration, frequency, and intensity of claimant’s symptoms; factors that precipitate or aggravate the symptoms; the type, dosage, effectiveness, and side effects of any medication; treatment the claimant receives; any measures the claimant uses to relieve symptoms; and any other factors concerning the claimant’s functional limitations and restrictions due to symptoms. See 20 C.F.R. § 404.1529(c)(3). ... After careful review, the court concludes that the ALJ's fact finding in this area is supported by substantial evidence.

Section 404.1529 requires the ALJ to assess whether the claimed severity of a claimant’s symptoms is consistent with the record, including medical evidence and daily activities.

Flaherty v. Berryhill · filed 2019-08-08(a)

He gave reasons for this finding, most notably medical evidence and Flaherty’s own testimony as to her ability to conduct her daily activities. Therefore, he did not err in his assessment of Flaherty’s symptoms and subjective complaints.

Section 404.1529(c)(3) requires an ALJ to consider factors such as daily activities when evaluating a claimant’s symptoms against the other evidence.

Sanchez v. Commissioner of Social Security · filed 2019-09-25(c)(3)

Thus, the ALJ appears to have considered and articulated the relevant factors while generally assessing Plaintiff’s credibility.

Section 404.1529(c)(4) directs the ALJ to consider the claimant’s symptoms in light of the other evidence in the record.

Raices v. Commissioner of Social Security · filed 2020-03-05(c)(4)

The ALJ is to consider these factors in light of the other evidence in the record. Id. § 404.1529(c)(4).

Section 404.1529 permits an ALJ to assess a claimant’s reported symptoms by considering conflicts between the claimant’s statements and the other evidence.

Weaver v. Social Security Administration, Commissioner · filed 2020-04-24(c)(4)

The ALJ may consider the nature of a claimant’s symptoms, the effectiveness of medication, a claimant’s ... method of treatment, a claimant’s activities, and any conflicts between a claimant’s statements and the rest of the evidence. See 20 C.F.R. §§ 404.1529(c)(3), (4), 416.929(c)(3), (4); SSR 96-7p, 1996 WL 364186 at * 4-8.

Section 404.1529(c)(3) permits an ALJ to consider daily activities, treatment, and other evidence when evaluating the severity of a claimant’s reported symptoms.

Atwell v. Commissioner of Social Security Administration · filed 2020-10-01(c)(3)

The regulations authorize an ALJ to consider the following factors in evaluating a claimant’s subjective complaints of symptoms: ... (1) the claimant’s daily activities; ... (7) any other factors concerning the claimant’s functional limitations and restrictions due to pain or other symptoms. ... The law authorizes, and the evidence here supports, each of these considerations.

Section 404.1529 requires a two-stage evaluation of symptom testimony; absent evidence of malingering, an ALJ must give clear and convincing reasons for discounting the claimed severity of symptoms.

Caldwell v. Commissioner Social Security Administration · filed 2020-10-19

To determine whether a claimant’s testimony regarding subjective pain or symptoms is credible, an ALJ must perform two stages of analysis. Trevizo, 871 F.3d at 678; 20 C.F.R. § 404.1529. ... At the second stage, absent affirmative evidence that the claimant is malingering, the ALJ must provide clear and convincing reasons for discrediting the claimant’s testimony regarding the severity of ... the symptoms.

Section 404.1529(c)(3) requires consideration of factors bearing on the intensity and effects of a claimant’s symptoms, but does not require the ALJ to list each factor formally.

Pitts v. Saul · filed 2020-11-09(c)(3)

Although not in a formalistic fashion, the ALJ considered the factors for evaluating subjective complaints and symptoms and adequately explained her reasons for rejecting Plaintiff's subjective complaints, and there is substantial evidence to support her determination. See Falco, 27 F.3d at 164.

Section 404.1529(c) requires a claimant’s statements about the intensity, persistence, and limiting effects of symptoms to find support in the record.

Gladson v. SSA · filed 2020-11-12(c)

The second step, however, requires that a claimant’s statements concerning the intensity, persistence, and limiting effects of these symptoms find support in the record.

Section 404.1529 requires a two-step evaluation of symptoms: determine whether a medically determinable impairment could cause them, then assess their intensity, persistence, and limiting effects using the evidence of record.

Pennington v. SSA · filed 2020-11-18

Regardless, in the interest of reviewing the plaintiff’s appeal on the merits, the Court has examined the record and finds that the ALJ applied the correct two-step process for evaluating subjective complaints of pain. See 20 C.F.R. § 404.1529; SSR 16-3p, 2017 WL 5180304 (Oct. 25, 2017).

Section 404.1529(a) requires an ALJ to consider a claimant’s statements about symptoms but does not require the ALJ to accept them.

O'BRIEN v. BURWELL · filed 2020-11-19(a)

“Although ‘any statements of the individual concerning [his] symptoms must be carefully considered,’ the ALJ is not required to credit them.” Chandler, 667 F.3d at 363 (citing SSR 96–7p and 20 C.F.R. § 404.1529(a)). ... The ALJ’s conclusion was therefore supported by substantial evidence.

Section 404.1529(c)(4) directs the agency to consider inconsistencies between a claimant’s symptom statements and the other evidence when assessing how symptoms affect the ability to work.

Gonzales v. Saul · filed 2020-11-23(c)(4)

While inconsistencies with the objective medical evidence cannot be the sole ground for rejecting a claimant’s subjective testimony, inconsistencies are factors that the ALJ may consider when evaluating subjective symptom testimony. ... In sum, the ALJ offered clear and convincing reasons, supported by substantial evidence, for only partially crediting Plaintiff's subjective symptom testimony.

Section 404.1529(c)(3) requires the ALJ to consider daily activities, symptom characteristics, medication, treatment, and relief measures when evaluating the intensity and persistence of symptoms.

HEISEY v. BERRYHILL · filed 2020-11-23(c)(3)

In considering the intensity and persistence of such symptoms, the ALJ is required to consider, among other things, one’s daily activities, the location, duration, frequency, and intensity of the symptoms, precipitating and aggravating factors, the type, dosage, effectiveness, and side effects of medications taken to alleviate the symptoms, treatment other than medication, and measures used to relieve the pain.

Section 404.1529(c) allows an ALJ to assess reported symptoms against medical findings and other evidence when determining their limiting effects.

Johnson v. Social Security · filed 2020-11-25(c)

The ALJ’s conclusion that Johnson’s statements regarding the intensity, persistence, and limiting effects of her symptoms are not entirely consistent with the medical and other evidence in the record is supported by substantial evidence.

Section 404.1529 requires an ALJ evaluating a claimant’s symptoms to consider relevant evidence, including daily activities, the intensity of symptoms, medication effects, and functional restrictions.

Lozina v. Saul · filed 2020-12-08

In analyzing these inconsistencies, the ALJ considered Plaintiff’s daily activities, the duration, frequency and intensity of his symptoms, the dosage, effectiveness and side effects of his medication, and Plaintiff’s functional restrictions, as he was required to do. See Halverson, 600 F.3d at 931; Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir. 1984) (subsequent history omitted); see also 20 C.F.R. § 404.1529.

Section 404.1529 requires an ALJ to evaluate a claimant’s symptoms and bars rejecting testimony about their severity solely because objective medical evidence does not fully corroborate it.

Martin v. Berryhill · filed 2020-12-22

The determination of whether or not to accept a claimant’s testimony regarding subjective symptoms requires a two-step analysis. 20 C.F.R. §§ 404.1529, 416.929; Smolen, 80 F.3d at 1281 (citations omitted). ... Once a claimant produces medical evidence of an underlying impairment, the ALJ may not discredit the claimant’s testimony as to the severity of symptoms “based solely on a lack of objective medical evidence to fully corroborate the alleged severity of” the symptoms. ... The ALJ’s reasoning with respect to the medical record is the same as the court examined above with respect to Dr. Schadendorf’s opinion and is rejected for the same reason.

Section 404.1529(c)(4) calls for consideration of inconsistencies in the evidence when assessing a claimant’s statements about pain symptoms.

Vincent v. Saul · filed 2020-12-22(c)(4)

The Court agrees that the ALJ properly relied on both the objective medical evidence and subjective evidence to determine Plaintiff's credibility and that her subjective complaints should be assessed accordingly. As noted, an ALJ should consider inconsistencies in the evidence to determine whether a plaintiff's subjective claims regarding her pain symptoms can reasonably be accepted. 20 CER. §§ 404.1529(c)(4), 416.929(c)(4).

Section 404.1529 requires an ALJ evaluating a claimant’s symptoms to identify the specific evidence that conflicts with the claimant’s statements and explain the finding.

Umling v. Saul · filed 2021-01-05(c)(4)

The ALJ failed to refer to the specific inconsistencies between Plaintiffs testimony and the objective medical evidence which he claimed were the basis for his decision.

Section 404.1529(c) requires consideration of medical evidence, daily activities, pain, treatment, and other relevant factors when evaluating a claimant’s symptoms.

Bentivenga v. Saul · filed 2021-01-11(c)

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).

Section 404.1529 requires an ALJ to assess whether a claimant’s statements about the intensity, persistence, and limiting effects of symptoms are consistent with the medical and other evidence.

Kuchler v. Saul · filed 2021-01-11

However, the ALJ had to consider whether Plaintiff’s statements concerning the intensity, persistence and limiting effects of her symptoms were consistent with the medical evidence and other evidence in the record.

Section 404.1529(c) requires an ALJ to evaluate a claimant’s symptoms using the full record, including treatment history and evidence that conflicts with the ALJ’s conclusions.

Blazquez v. Social Security Administration · filed 2021-01-13(c)

In doing so, the ALJ must “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.” Id.; see also id. at *4-7 (elaborating on factors to consider); 20 C.F.R. § 404.1529(c) (same). ... Given this record, the ALJ’s failure to address conflicting evidence concerning Plaintiff’s compliance with his medication regimen, and the ALJ’s failure to resolve this evidentiary conflict, constitutes reversible error.

Section 404.1529(c) requires an ALJ to assess the intensity and persistence of a claimant’s symptoms and how they restrict the claimant’s capacity to work.

Palmer v. Commissioner of Social Security · filed 2021-01-15(c)

Where a claimant satisfies the pain standard, the ALJ must then assess the intensity and persistence of the claimant’s symptoms to determine how they restrict the claimant’s capacity to work. 20 C.F.R. §§ 404.1529(c), 416.929(c); see also Soc. Sec. Ruling (SSR) 16-3p, 2017 WL 5180304 (Oct. 25, 2017) (applicable as of Mar. 28, 2016).

Section 404.1529 uses a two-step process to evaluate impairment-related symptoms.

Phillips v. Commissioner of Social Security Administration · filed 2021-01-26

When a claimant alleges impairment-related symptoms, an ALJ must follow a two-step process to evaluate those symptoms.

Section 404.1529 directs ALJs to consider daily activities, symptom characteristics, treatment, medication, and other functional limits when evaluating subjective complaints.

Mullen v. Saul · filed 2021-02-01(c)(3)

In analyzing a claimant’s subjective complaints, the regulations instruct ALJs to consider the following factors: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the condition; (3) precipitating and aggravating factors; (4) type, dosage, effectiveness, and side effects of medication; (5) treatment, other than medication; (6) any measures you use or have used to relieve your pain or other symptoms; other factors concerning the claimant’s functional restrictions. 20 C.F.R. § 404.1529(3). ... The ALJ properly discounted Mullen’s difficulties.

Section 404.1529(c) requires an ALJ to consider medical evidence, daily activities, symptom severity, medication, treatment, and functional limitations when evaluating a claimant’s symptoms.

Strong v. Saul · filed 2021-02-02(c)

Here, the ALJ properly considered the extent to which the objective medical evidence supported the degree of severity of Claimant’s subjective complaints; the duration, frequency, and intensity of the pain; medications taken; and treatment.

Section 404.1529(c)(3) calls for consideration of daily activities, symptom patterns, medication, and other treatment when evaluating the limiting effects of symptoms.

STURGILL v. SAUL · filed 2021-02-03(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." ... The ALJ's decision thus appears to address each required factor in assessing Plaintiff's subjective symptoms, and Plaintiff has not otherwise identified or explained a specific error.

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

Hollingsworth v. Commissioner of Social Security · filed 2021-02-05(c)(3)

When evaluating a claimant’s subjective symptoms, the ALJ must consider such things as: (1) the claimant’s daily activities; (2) the nature and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) dosage and effects of medications; and (5) treatment or measures received by the claimant for relief of symptoms. See 20 C.F.R. § 404.1529(c)(3). ... Substantial evidence supports the ALJ’s finding that Hollingsworth’s subjective symptom complaints were not credible, as the objective medical evidence did not confirm the severity of her symptoms.

Section 404.1529 requires the Commissioner to consider a claimant’s daily activities when evaluating symptoms and to explain why those activities conflict with the claimant’s reported limitations.

Schiulaz v. Commissioner of Social Security · filed 2021-02-08(c)(3)

The Commissioner did not adequately explain how Schiulaz’s ability to perform her daily living activities conflicts with the record.

Section 404.1529(c)(3) requires consideration of subjective symptoms but does not require a factor-by-factor discussion when the ALJ identifies the evidence supporting the assessment.

Wilson v. Commissioner, Social Security Administration · filed 2021-02-09(c)(3)

Yet, such a “formalistic factor-by-factor recitation of the evidence” is not required.

Section 404.1529(c)(3) requires the ALJ to consider a claimant’s daily activities, symptom patterns, treatment, medication, and other relevant factors when evaluating subjective symptoms.

Conklin v. Commissioner of Social Security · filed 2021-02-09(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(c)(3) requires an ALJ to consider other evidence about a claimant’s symptoms when objective medical evidence alone does not show their severity.

De Jesus v. Commissioner of Social Security · filed 2021-02-10(c)(3)

The relevant regulation recognizes that when evaluating the intensity and persistence of a claimant’s symptoms, the “symptoms sometimes suggest a greater severity of impairment than can be shown by objective medical evidence alone” and dictates that the ALJ should “carefully consider any other information [the claimant] may submit about [her] symptoms.” 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c) requires an ALJ assessing subjective symptoms to consider testimony that qualifies the claimant’s reported activities.

Redd v. Saul · filed 2021-04-20(c)

Next, “after finding a medically determinable impairment, the [Law Judge] 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.” ... The Law Judge therefore erred in his analysis of Plaintiff’s subjective complaints by “selectively citing evidence” and “omit[ing] [Plaintiff’s] qualifying statements.”

Section 404.1529(c)(3) requires the ALJ to consider relevant factors when evaluating a claimant’s symptoms, but does not require a rigid discussion of each factor.

Guillory v. Commissioner of Social Security · filed 2021-04-23(c)(3)

Here, the ALJ’s decision sufficiently reflects his substantial compliance with the requirements of 20 C.F.R. §§ 404.1529(c)(3) and 416.929(c)(3).

Section 404.1529(c)(3) directs the ALJ to consider a claimant’s daily activities, symptoms, medication, and treatment when evaluating subjective complaints.

Kemmet, Jr. v. Commissioner of Social Security · filed 2021-04-28(c)(3)

In evaluating a claimant’s testimony, the ALJ should consider: (1) the claimant's daily activities; (2) the “duration, frequency, and intensity” of the claimant’s symptoms; (3) “[p]recipitating and aggravating factors”; (4) the effectiveness and side effects of any medications; and (5) treatment or other measures taken by the claimant to alleviate symptoms. Sarli v. Berryhill, 817 F. App’x 916, 918 (11th Cir. 2020) (citing 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3)). ... The Court finds that the ALJ provided a clearly articulated credibility finding with substantial supporting evidence in the record.

Section 404.1529(c) requires an ALJ to consider medical evidence and other relevant evidence when evaluating the intensity and persistence of a claimant’s symptoms.

HARRINGTON v. COMMISSIONER OF SOCIAL SECURITY · filed 2021-05-03(c)

In this evaluation, an ALJ considers objective medical evidence as well as other evidence relevant to a claimant’s symptoms. ... Here, the ALJ followed this two-step evaluation process. ... This record provides substantial support for the ALJ’s decision to discount Plaintiff’s subjective statements as inconsistent with the medical evidence.

Section 404.1529(c)(3) requires an ALJ to consider objective medical evidence and other relevant evidence, including daily activities, when evaluating symptoms.

PIOTROWSKI v. COMMISSIONER OF SOCIAL SECURITY · filed 2021-05-07(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. ... This record therefore provides substantial support for the ALJ’s decision to discount Plaintiff’s subjective statements as inconsistent with the medical evidence and Plaintiff’s daily activities.

Section 404.1529(c) requires an ALJ evaluating symptoms to consider medical evidence, daily activities, pain, medication, treatment, and functional limitations.

Sims v. Kijakazi · filed 2021-05-14(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. ... 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) identifies evidence and factors to consider when assessing how symptoms affect a claimant’s ability to function; it does not specify the findings required to reject pain testimony.

Vasquez v. Astrue · filed 2008-11-05(c)(3)

Sections 404.1529(c)(3) and 416.929(c)(3) merely state that the ALJ will consider any evidence presented by the claimant regarding her subjec- tive symptoms, and list some relevant factors that may be included in assessing the impact of those symptoms. Neither section states what find- ings are required before an ALJ may discredit a claimant’s subjective reports of pain.

Section 404.1529 permits an ALJ to consider multiple factors when evaluating a claimant’s subjective symptoms, including medical evidence, treatment, and daily activities.

Morillas v. Astrue · filed 2010-03-25

In assessing the credibility of Morillas’s allegedly disabling subjective symptoms, the ALJ may consider various factors. See 20 C.F.R. §§ 404.1529, 416.929 (2009); Bunnell v. Sullivan, 947 F.2d 341, 346-47 (9th Cir. 1991) (en banc). Contrary to Morillas’s contentions, the ALJ’s findings on this point are entitled to deference because they were supported by substantial evidence and were sufficiently specific to allow this court to conclude that he rejected her testimony on permissible grounds and did not arbitrarily discredit her testimony about subjective symptoms.

Section 404.1529 allows an ALJ to consider medical findings and daily activities when evaluating a claimant’s statements about the severity of pain.

Simmons v. Commissioner of Social Security · filed 2015-05-08(c)(3)

Here, the ALJ’s determination that Simmons’ statements about the severity of her pain were not entirely credible is supported by substantial evidence.

Section 404.1529(c) requires the ALJ to consider a claimant’s daily activities, pain, medication, treatment, and other relevant factors when evaluating symptoms.

Foster v. Saul · filed 2019-06-27(c)

In evaluating a claimant’s subjective symptom allegations, “an ALJ must consider several factors, including the claimant’s daily activities, her level of pain or symptoms, aggravating factors, medication, treatment, and limitations[.]” Villano, 556 F.3d at 562; see 20 C.F.R. § 404.1529(c) (June 13, 2011 to Mar. 26, 2017); SSR 96-7p, 1996 WL 374186, at *3. ... The ALJ erred by not discussing any of these limitations in Aleithia’s daily activities in the subjective symptom analysis.

Section 404.1529(c) requires the ALJ to assess how symptoms affect a claimant’s ability to work using medical evidence and other submitted information.

Page v. Saul · filed 2019-08-19(c)

In the second step, the ALJ must determine the extent to which the individual’s symptoms affect his ability to work by evaluating the intensity and persistence of those symptoms. 20 C.F.R. § 404.1529(c)(1). ... However, nowhere in her assessment does the ALJ explain which of Plaintiff’s subjective statements she found to be credible, nor the reasoning she applied in making that determination. ... Due to the ALJ’s failure to provide sufficient explanations for her determination, the Court finds remand appropriate on this issue.

Section 404.1529 requires an ALJ to evaluate reported symptoms in light of the full record without placing undue weight on the absence of objective medical evidence.

Smith v. Social Security Administration, Commissioner · filed 2019-09-13

A claimant’s statements about the frequency, intensity, and duration of her symptoms will only impact her RFC to the extent they are consistent with other evidence of record. See 20 C.F.R. §§ 404.1529, 416.929 (describing the Commissioner’s process for evaluating subjective complaints). ... The ALJ’s assessment of Plaintiff’s credibility placed an undue emphasis on the absence of objective medical evidence. However, given the nature of chronic migraines, upon remand, the ALJ should reassess Plaintiff’s credibility, giving due consideration to the need to go beyond objective medical evidence in properly evaluating such cases.

Section 404.1529(c)(3) allows an ALJ to consider treatment history and other record evidence when evaluating the intensity and limiting effects of a claimant’s symptoms.

Quintero v. Commissioner of Social Security · filed 2019-10-08(c)(3)

Here, the ALJ complied with the regulations by clearly stating that he rejected Quintero’s subjective complaints because: (1) his non-compliance with treatment conflicted with his complaints; and (2) his complaints conflicted with normal examination findings and his own statements to treatment providers.

Section 404.1529 includes treatment other than medication and other symptom relief measures among the factors for evaluating a claimant’s symptoms.

Bonet v. Social Security Administration Commissioner · filed 2019-10-29

Social Security Regulations 20 C.F.R. § 404.1529 and 20 C.F.R. § 416.929 require the analysis of two additional factors: ... 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(a) requires a two-step evaluation of subjective symptoms; an ALJ cannot discount them based solely on objective medical evidence.

Hurt v. Commissioner of Social Security · filed 2019-12-09(a)

The ALJ must follow a two-step analysis in reviewing a claimant’s subjective complaints. 20 C.F.R. §§ 404.1529(a), 416.929(a); SSR 16-3p, 2016 WL 1119029 (Mar. 16, 2016). ... The ALJ’s reliance on only objective medical evidence to discount Plaintiff's subjective complaints runs afoul of the relevant regulations and caselaw.

Section 404.1529(c)(3) requires consideration of relevant factors, including daily activities and circumstances that aggravate symptoms, when evaluating a claimant’s symptoms.

Condon v. Saul · filed 2019-12-30(c)(3)

Overall, the ALJ’s evaluation of Condon’s subjective symptoms lacks support in the record. The ALJ on remand shall reevaluate these allegations in accordance with §§ 404.1529(c), 416.929(c) and SSR 16-3p.

Section 404.1529(c) requires an ALJ to evaluate a claimant’s statements about symptoms using the relevant factors and prohibits rejecting them solely because objective medical evidence does not substantiate them.

Harold Boyd White, Sr. v. Berryhill · filed 2020-02-10(c)

Accordingly, the ALJ failed to properly evaluate Plaintiff's subjective statements in accordance with the relevant factors set out in the regulations. 20 C.F.R. § 404.1529(c). Thus, remand for reevaluation of Plaintiff’s subjective statements is warranted.

Section 404.1529 requires consideration of a claimant's symptoms, including pain, in light of the objective medical evidence and other evidence.

Boren v. Social Security Administration, Commissioner of · filed 2020-03-02

The evidence regarding the severity of Plaintiff's impairments is inconsistent and can support more than one reasonable conclusion. The Court will, therefore, not second-guess the ALJ's finding since the ALJ gave numerous reasons, supported by the record, for determining that Plaintiff's subjective allegations were not entirely credible.

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

Haynes v. Commissioner of Social Security · filed 2020-03-06(c)(3)

Although the ALJ must “consider” the listed factors, there is no requirement that he discuss every factor.

Section 404.1529(c)(3) requires an ALJ to consider the listed symptom factors and give adequate reasons for rejecting a claimant's allegations.

Brown v. Saul · filed 2019-09-19(c)(3)

The ALJ also should have considered several factors in 20 C.F.R. § 404.1529(c)(3) and SSR 16–3p when evaluating Plaintiff's credibility. ... If she decided to reject Plaintiff's allegations, she must provide adequate reasoning, upon consideration of the factors listed in the regulations.

Section 404.1529(c)(4) requires the ALJ to consider inconsistencies within the evidence and between a claimant’s statements and the evidence when evaluating symptoms.

Champion v. Social Security Administration, Commissioner · filed 2020-04-09(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 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 the ALJ’s determination is supported by substantial evidence for a number of reasons.

Section 404.1529 calls for a two-step evaluation of subjective symptoms, beginning with whether a medically determinable impairment could reasonably cause them.

Martin v. Saul · filed 2021-03-03

The determination of whether or not to accept a claimant’s testimony regarding subjective symptoms, like pain, requires a two-step analysis. 20 C.F.R. §§ 404.1529, 416.929; Smolen v. Chater, 80 F.3d 1273, 1281 (9th Cir. 1996) (citations omitted). First, the ALJ must determine whether or not there is a medically determinable impairment that reasonably could be expected to cause the claimant’s symptoms.

A claimant’s statements about pain or other symptoms alone do not establish disability; objective medical evidence from an acceptable medical source is required.

Gist v. Saul · filed 2021-03-29(a)

SSA regulations confirm that “statements [from a claimant] about [her] pain or other symptoms will not alone establish that [the claimant is] disabled. There must be objective medical evidence from an acceptable medical source.” 20 C.F.R. § 404.1529(a). ... The ALJ here reviewed objective medical evidence and weighed the available record to find that Plaintiff was not disabled.

Section 404.1529(a) requires a medically determinable condition capable of producing the alleged symptoms before subjective testimony can support disability.

Tumlin v. Commissioner of Social Security · filed 2021-03-31(a)

When a claimant seeks to establish disability based on subjective testimony, she must satisfy two parts of a three-part test, showing: “(1) evidence of an underlying medical condition; and (2) either (a) objective medical evidence confirming the severity of the alleged [symptom]; or (b) that the objectively determined medical condition can reasonably be expected to give rise to the claimed” symptom. ... But the ALJ relied for this finding on the mental status examinations, which were not inconsistent with Ms. Tumlin’s testimony for the reasons discussed.

Section 404.1529(a) requires objective medical evidence to corroborate a claimant’s subjective complaints of symptoms.

DERCOLE v. COMMISSIONER OF SOCIAL SECURITY · filed 2021-04-14(a)

Instead, objective medical evidence must corroborate a claimant’s subjective complaints. ... The Court finds that the ALJ sufficiently explained his reasoning when assessing Plaintiff’s subjective complaints, which is supported by substantial evidence in the record.

Section 404.1529(c)(3) permits an ALJ to discount a claimant’s reported symptoms based on the totality of the record evidence.

Wilkinson v. Commissioner of Social Security · filed 2021-07-06(c)(3)(i)-(vii)

Although the plaintiff has not specifically contested the ALJ’s credibility assessment, I find that the ALJ was entitled to discount plaintiff’s subjective complaints based on the totality of the record evidence.

An ALJ may consider a claimant’s treatment record when evaluating subjective complaints, but cannot reject symptom testimony solely because objective evidence does not support it.

Jones v. Social Security Administration · filed 2021-08-10(c)(1)–(3)

A claimant’s treatment record is a relevant consideration ALJs may consider in evaluating subjective complaints, see 20 C.F.R. §§ 404.1529(c)(1)–(3), 416.929(c)(1)–(3). ... Accordingly, the ALJ’s rejection of Plaintiff’s testimony could not be grounded solely on a lack of objective evidence in the record.

Section 404.1529 does not require objective medical evidence to substantiate a claimant’s description of the intensity and limiting effects of symptoms.

Durant v. Commissioner of Social Security · filed 2021-08-16

Thus, ALJs who require a claimant’s subjective descriptions of her symptoms to be supported by objective medical evidence improperly increase the claimant’s burden of proof.

Section 404.1529 directs the ALJ to evaluate the intensity, persistence, and work effects of symptoms using medical evidence, daily activities, treatment, and other factors affecting the claimant’s ability to function.

COLLINS v. COMMISSIONER OF SOCIAL SECURITY · filed 2021-09-09

If the objective medical evidence does not confirm the severity of the alleged symptoms, but indicates the claimant’s impairment could reasonably be expected to produce some degree of pain and other symptoms, the ALJ evaluates the intensity and persistence of the claimant’s symptoms and their effect on his ability to work by considering the objective medical evidence, the claimant’s daily activities, treatment and medications received, and other factors concerning functional limitations and restrictions due to pain. See 20 C.F.R. § 404.1529. ... The ALJ thoroughly considered the record and articulated specific findings to support his decision as required.

Section 404.1529 requires the ALJ to consider evidence about a claimant’s symptoms, including daily activities, medication, and functional restrictions, when evaluating the claimant’s statements.

Dodson v. Saul · filed 2021-09-09

When evaluating a claimant’s subjective statements about symptoms, the ALJ must consider all evidence relating thereto, including what are familiarly known as “the Polaski factors,” that is, the claimant’s prior work record; 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. ... See also 20 C.F.R. §§ 404.1529, 416.929.

Section 404.1529(c) requires an ALJ to consider factors such as daily activities, symptom severity, medication, and treatment when evaluating how symptoms limit a claimant’s ability to work.

Gable, Michael v. Kijakazi, Kilolo · filed 2021-09-21(c)

The regulations instruct the ALJ to consider several factors to evaluate how the claimant’s symptoms limit his capacity for work, including his daily activities, severity of symptoms, aggravating factors, medications, treatment, and other relevant restrictions. 20 C.F.R. § 404.1529(c).

Section 404.1529 permits an ALJ to consider daily activities, symptom characteristics, medication, and functional limits when evaluating subjective symptoms.

Cody v. Social Security Administration, Commissioner · filed 2021-11-10(c)(3), (c)(4)

An ALJ rendering findings regarding a claimant’s subjective symptoms may consider a variety of factors, including: the claimant’s daily activities; symptom location, duration, frequency, and intensity; precipitating and aggravating factors; type, dosage, effectiveness, and side effects of medication taken to alleviate the symptoms; and other factors concerning functional limitations and restrictions due to symptoms. See 20 C.F.R. §§ 404.1529(c)(3), (4), 416.929(c)(3), (4).

Section 404.1529(c)(3) requires an ALJ to consider a claimant’s daily activities and other relevant factors when evaluating symptoms.

Titolo v. Commissioner of Social Security · filed 2021-12-08(c)(3)

The ALJ’s evaluation of the claimant’s subjective statements is not supported by substantial evidence, especially since the ALJ never had the opportunity to assess the claimant in person.

Section 404.1529(c)(3) requires an ALJ to consider objective medical evidence and other relevant evidence when evaluating a claimant’s symptoms.

WALTERS v. COMMISSIONER OF SOCIAL SECURITY · filed 2021-12-15(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.

Section 404.1529(a) requires the ALJ to assess whether a claimant’s reported symptoms are consistent with the medical and other evidence.

Cullen v. Social Security · filed 2021-12-15(a)

Once that is established, “the ALJ must consider ‘the extent to which [the claimant’s] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence’ of record.” Id. (quoting 20 C.F.R. § 404.1529(a)). ... On remand, the ALJ should explain the extent to which the medical record supports the plaintiff’s subjective statements about her condition.

Section 404.1529(c) requires an ALJ to evaluate a claimant’s symptoms in light of the medical evidence and other evidence, including daily activities and treatment.

Anderson v. Saul · filed 2021-12-29(c)

The ALJ properly cited and considered the Polaski factors and made specific findings that Anderson’s claimed symptoms were inconsistent with the record.

Section 404.1529 requires an ALJ to consider a claimant’s statements about symptoms and how they affect daily activities and the ability to work.

Rios v. Commissioner of Social Security · filed 2022-01-24(a)

An ALJ must consider a claimant’s statements about his or her symptoms, including pain, and how these symptoms affect the claimant’s activities of daily living and ability to work. 20 C.F.R. § 404.1529(a). ... The Court remands this case due to the ALJ’s failure to properly analyze Plaintiff’s subjective symptoms.

Section 404.1529(c) requires an ALJ to evaluate the intensity and persistence of a claimant’s symptoms without demanding heightened objective medical evidence to support them.

Williams Jr. v. Saul · filed 2022-02-11(c)

At the second step, the ALJ must evaluate the intensity and persistence of a claimant’s symptoms to determine the extent to which it affects his ability to work. 20 C.F.R. §§ 404.1529 (c), 416.929(c). ... Further, the ALJ impermissibly required a heightened level of objective medical evidence to support Plaintiff’s contentions.

Section 404.1529(c) requires an ALJ to consider medical evidence, treatment, daily activities, and inconsistencies in the evidence when evaluating how symptoms limit a claimant’s ability to work.

McGinness v. Commissioner of Social Security · filed 2022-02-18(c)

The regulations provide factors for an ALJ to consider in determining the extent to which a claimant’s statements about the intensity and persistence of his symptoms limit his capacity for work. 20 C.F.R. § 404.1529(c). Those factors include objective medical evidence, information from a claimant’s medical sources about her symptoms, a claimant’s course of treatment, daily activities, and inconsistencies between a claimant’s statements and other evidence. 20 C.F.R. § 404.1529(c)(2)-(4).

Section 404.1529(a) requires consideration of all evidence about a claimant’s symptoms and their functional effects once a medically determinable impairment could reasonably cause them.

Kantor v. Commissioner of Social Security · filed 2022-02-22(a)

Once a claimant establishes that his subjective symptom 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. ... In sum, the ALJ’s statement that Plaintiff’s subjective complaints were inconsistent with “his presentation on mental status examinations” (Tr. 21), is not supported by substantial evidence.

Section 404.1529 requires an ALJ evaluating symptom testimony to consider both objective and subjective evidence.

Wills v. Social Security Administration, Commissioner · filed 2022-02-25(c)

So, when an ALJ evaluates a claimant’s subjective testimony regarding the intensity, persistence, or limiting effects of his symptoms, the ALJ must consider all of the evidence, objective and subjective. 20 C.F.R. § 404.1529.

Section 404.1529(c)(4) requires the ALJ to consider inconsistencies between a claimant’s statements about symptoms and the other evidence.

Ramirez v. Kijakazi · filed 2022-03-04(c)(4)

The ALJ must also consider “whether there are any inconsistencies in the evidence and the extent to which there are any conflicts between [the claimant’s] statements and the rest of the evidence, including [the claimant’s] history, the signs and laboratory findings, and statements by . . . medical sources or other persons.” 20 C.F.R. § 404.1529(c)(4). ... The ALJ applied the correct legal standards in evaluating Ms. R.’s subjective symptom testimony, and substantial evidence supports his findings.

Section 404.1529(c)(3) requires the ALJ to consider factors such as daily activities, symptom intensity, medication, and treatment when evaluating a claimant’s symptoms.

Wakefield v. Kijakazi (CONSENT) · filed 2022-03-07(c)(3)

“When evaluating a claimant’s subjective symptoms, the ALJ must consider such things as: (1) the claimant’s daily activities; (2) the nature and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) dosage and effects of medications; and (5) treatment or measures received by the claimant for relief of symptoms.” Hollingsworth v. Comm’r of Soc. Sec., 846 F. App’x 749, 752 (11th Cir. 2021) (citing 20 C.F.R. § 404.1529(c)(3)). ... The ALJ considered appropriate factors when making her determination and applied the appropriate three-part pain standard.

Section 404.1529(c)(4) requires an ALJ to consider inconsistencies between a claimant’s statements about symptoms and the other evidence in the record.

Wightman v. Kijakazi · filed 2022-03-10(c)(4)

The record shows the ALJ applied the correct legal standards for assessing Ms. W.’s subjective symptoms, and his findings were supported by substantial evidence. First, the ALJ did not rely solely on boilerplate recitations; instead, he gave specific reasons for finding Ms. W.’s allegations inconsistent with the other evidence in the record.

Section 404.1529(c)(3) requires the ALJ to consider factors such as daily activities, treatment, and other evidence when evaluating the effect of a claimant’s symptoms.

Pennington v. Kijakazi (CONSENT) · filed 2022-03-17(c)(3)(i)-(vii)

None of these considerations employed by the ALJ were inappropriate based on relevant case law and regulations. See 20 C.F.R. § 404.1529(c)(3)(i)-(vii); see also Robinson v. Acting Comm’r of Soc. Sec., 766 F. App’x 811, 816-17 (11th Cir. 2019). The Court finds no reversible error.

Section 404.1529(c)(3) requires an ALJ to consider the relevant symptom factors in light of the whole record when evaluating a claimant’s subjective complaints.

Humphries v. Commissioner of Social Security · filed 2022-03-21(c)(3)

For these reasons, the Court cannot determine from the decision whether the ALJ considered the medical records as a whole when assessing Plaintiff’s subjective allegations and finds a reasonable person would not accept the ALJ’s reasons as adequate support for the conclusions reached. Thus, remand is warranted on this issue.

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

Osei-Danquah v. Commissioner of Social Security · filed 2022-03-23

An evaluation of subjective complaints should reflect a two-step analysis. See 20 C.F.R. §§ 404.1529, 416.929. ... This record reveals that the ALJ applied the proper legal standards in analyzing plaintiff’s subjective complaints and that substantial evidence supports his determination that plaintiff’s complaints were inconsistent with the record for the reasons he stated.

An ALJ may consider inconsistencies in the evidence when evaluating a claimant’s statements about symptoms, but may not discount those statements solely because objective medical findings do not support them.

Brown v. Kijakazi · filed 2022-03-24(c)(4)

A claimant’s subjective statements about pain intensity or persistence “cannot be discounted solely based on objective medical findings.” Id. ... However, the ALJ should consider inconsistencies in the evidence to determine whether a claimant's subjective claims regarding her symptoms can reasonably be accepted. 20 C.F.R. § 404.1529 (c)(4). ... Plaintiff argues that “the ALJ specifically rejected Plaintiff’s testimony regarding her subjective complaints on the basis that her complaints were not supported by the objective medical evidence.” Id. at 7. This Court disagrees.

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

Arias v. Commissioner of Social Security · filed 2022-03-30(c)(4)

As required by the administration’s regulations, the ALJ considered Martin’s subjective allegations of pain. 20 C.F.R. § 404.1529(c)(4) (stating “[w]e will consider your statements about the intensity, persistence, and limiting effects of your symptoms, and we will evaluate your statements in relation to the objective medical evidence and other evidence, in reaching a conclusion as to whether you are disabled.”).

Section 404.1529(c)(2) does not permit an ALJ to discount a claimant’s statements about symptoms solely because objective medical evidence does not substantiate them.

Stone v. Saul · filed 2022-03-31(c)(2)

As discussed above, the regulations set out a two-step process for evaluating a claimant’s symptoms. ... Thus, the only reason that the ALJ gave for discounting Plaintiff's symptoms was the objective medical evidence. On remand, the ALJ may not disregard the “intensity, persistence, and limiting effects of symptoms solely because the objective medical evidence does not substantiate them.” Arakas, 983 F.3d at 95.

Section 404.1529(c)(3) directs the ALJ to consider factors such as daily activities, medication, and treatment when evaluating the severity of a claimant’s symptoms.

Whitmore v. Paul · filed 2022-03-31(c)(3)

In making a credibility determination, if a claimant alleges symptoms of greater severity than established by the objective medical findings, the ALJ should “consider all available evidence,” including the claimant’s daily activities, the location, nature, extent, and duration of his symptoms, precipitating and aggravating factors, the type, dosage, effectiveness and side effects of medications taken, and other treatment undertaken to relieve symptoms. ... As a result, the ALJ’s determination that Whitmore’s testimony regarding the severity of his symptoms was inconsistent with other evidence in the record was adequately supported.

Section 404.1529(c)(3) requires an ALJ to consider objective medical evidence and other evidence relevant to a claimant’s symptoms.

STERNKOPF v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-04-14(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.

Section 404.1529(c)(3) requires consideration of daily activities and other relevant evidence when evaluating a claimant’s reported symptoms.

Martinez v. Social Security · filed 2022-04-27(c)(3)

Here, the ALJ offered specific support for the decision to discount Plaintiff’s subjective complaints, including a reasonable reading of the clinical assessments and medical opinion evidence (including the supporting assessment of an impartial medical expert who testified at the hearing subject to cross-examination), along with proper consideration of the activities of daily living.

Section 404.1529 requires the ALJ to evaluate a claimant’s symptoms against the medical and other evidence when determining their effect on the claimant’s ability to work.

Dunnivan v. Kijakazi (CONSENT) · filed 2022-05-02

In her opinion, the ALJ stated she “considered all symptoms and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence, based on the requirements of 20 CFR 404.1529[.]” ... Because the ALJ cited the correct regulation and correctly summarized the pain standard, it is clear she applied the correct three-part pain standard.

Section 404.1529(c)(3) calls for consideration of evidence such as daily activities, medication, and treatment when evaluating a claimant’s symptoms.

Bocanegra v. Saul · filed 2022-05-27(c)(3)

Of course, the critical question under SSR 16-3p remains “whether the [claimant's] statements are consistent with objective medical evidence and the other evidence.” 2016 WL 1119029 at *6; see also 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) permits an ALJ to consider daily activities, symptoms, efforts to relieve symptoms, treatment, and other functional limits when evaluating symptom complaints.

Pritt v. Commissioner of Social Security Administration · filed 2022-06-14(c)(3)

In evaluating a claimant’s subjective symptom complaints, an ALJ may consider several factors, including the claimant’s daily activities, the nature of the claimant’s symptoms, the claimant’s efforts to alleviate his symptoms, the type and efficacy of any treatment, and any other factors concerning the claimant’s functional limitations and restrictions. SSR 16-3p, 2016 SSR LEXIS 4, at *15; 20 C.F.R. § 404.1529(c)(3). ... The ALJ applied proper legal standards and reached a decision supported by substantial evidence in his evaluation of Pritt’s subjective symptom complaints.

Section 404.1529 requires an ALJ to consider a claimant’s symptoms throughout the disability evaluation and assess statements about their limiting effects against the record as a whole.

Mcclain v. Kujakazi · filed 2022-06-23(a), (c)(4), (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), 416.929(a), (d). ... Because the ALJ failed to provide specific, clear, and convincing reasons to discount plaintiff’s subjective statements, remand is warranted for reconsideration of these statements.

Section 404.1529 requires the ALJ to consider the available evidence when evaluating how a claimant’s symptoms limit the ability to work.

Kissel v. Saul · filed 2022-07-15(c)

The ALJ went on to evaluate the symptoms of that condition (and others), and the extent to which the symptoms limited Plaintiff’s capacity to work. Tr. 28–32. This process comported with the applicable regulatory framework detailed in 20 C.F.R. § 404.1529.

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

Wozniak v. Commissioner of Social Security · filed 2022-08-11(a)

When assessing subjective symptoms, the ALJ must consider a claimant’s statements about his symptoms, such as pain, and how the symptoms affect his daily life and ability to work. See 20 C.F.R. § 404.1529(a); SSR 16-3p, 2016 SSR LEXIS 4, 2017 WL 5180304. ... However, stability in a disease only means that it is not getting markedly worse or better, and improvement also does not mean that there is no longer limitation.

Section 404.1529(c) requires consideration of all available evidence when evaluating how symptoms limit a claimant’s ability to work; subjective complaints cannot be rejected solely for lack of objective medical support.

Graves v. Kijakazi · filed 2022-09-02(c)

In doing so, the ALJ committed a reversible error by improperly raising Plaintiff’s burden.

Section 404.1529(c)(2) prohibits rejecting a claimant’s symptom statements solely because objective medical evidence does not substantiate them.

Klemons v. Social Security · filed 2022-09-07(c)(2)

Klemons contends that the ALJ could not find his testimony not credible simply because it was not substantiated by “objective medical evidence,” Pl. Mem. at 21 (citing 20 C.F.R. § 404.1529(c)(2)), but this was not the ALJ’s rationale for rejecting his testimony. The ALJ cited to Dr. Goldstein’s opinion as a basis for his conclusions about Klemons’ ability to function. Thus, the ALJ did not simply rely on the absence of objective, affirmative proof.

Section 404.1529(c)(3) requires an ALJ to consider factors beyond objective medical evidence when evaluating a claimant’s symptoms.

Cameron v. Commissioner of Social Security · filed 2022-09-19(c)(3)

But the ALJ did not discount Plaintiff’s statements solely because the medical evidence did not substantiate them: the ALJ reviewed the record as a whole and determined that Plaintiff is not as limited as he alleges. The ALJ adequately considered Plaintiffs subjective complaints, and the ALJ’s findings are supported by substantial evidence.

Section 404.1529 requires an ALJ to evaluate how a claimant’s symptoms affect the ability to work using medical evidence and other relevant factors, including daily activities, treatment, and medication.

Quinn v. Social Security Administration, Commissioner · filed 2022-09-22(c)

Substantial evidence supports the ALJ’s finding under the pain standard. The ALJ was not “clearly wrong” to discredit Mr. Quinn’s subjective complaints.

Section 404.1529(c)(3) directs the ALJ to consider daily activities and other factors when evaluating a claimant’s statements about symptoms.

Brown v. Commissioner of Social Security · filed 2022-09-22(c)(3)

When evaluating a claimant’s testimony, the ALJ should consider: (1) the claimant’s daily activities; ... (7) other factors concerning a claimant’s functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); Ross v. Comm’r of Soc. Sec., 794 F. App’x 858, 867 (11th Cir. 2019). ... Here, the ALJ clearly articulated explicit and adequate reasons for finding Plaintiff’s subjective statements concerning the intensity, persistence, and limiting effects of his symptoms conflicted with the medical evidence and other evidence of record.

An ALJ must consider whether a claimant’s statements about the intensity, persistence, and limiting effects of symptoms are consistent with objective medical evidence, including statements to physicians.

KOVACK v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-09-26(c)(2)

It is axiomatic that an ALJ can, and in fact must, consider consistency with objective medical evidence, including statements made to physicians, in evaluating a claimant’s subjective testimony about the intensity, persistence, and limiting effects of his or her symptoms.

Section 404.1529(c)(3) directs an ALJ to consider whether a claimant’s reported symptoms are consistent with objective medical evidence and other evidence.

Huerta-Cruz v. Commissioner, Social Security Administration · filed 2022-10-11(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 her symptoms, but that her statements about their limiting effects were inconsistent “because the objective findings in the record do not document abnormalities that support the severity of symptoms described by the claimant throughout the disability process.” (Doc. # 11-2 at 24); see 20 C.F.R. § 404.1529(c)(3) (explaining that the 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).

Once a physical impairment is shown, § 404.1529(c)(1) requires the ALJ to evaluate the intensity and persistence of symptoms and how they limit the claimant’s ability to work.

BATCHELDER v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-11-17(c)(1)

Once a physical impairment has been shown, the ALJ must evaluate the intensity and persistence of the claimant’s symptoms so that the ALJ can determine how those symptoms limit the claimant’s capacity for work. 20 C.F.R. § 404.1529(c)(1).

Section 404.1529(c)(3) directs the ALJ to consider relevant factors, including daily activities and treatment, when evaluating the intensity and persistence of a claimant’s symptoms.

Roberson v. Commissioner of Social · filed 2022-11-23(c)(3)

As to Plaintiff’s final argument that the ALJ should have found Plaintiff’s subjective complaints more persuasive and considered her work history, the undersigned concludes the ALJ appropriately considered other information and factors which are relevant to determining Plaintiff’s RFC. 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) requires an ALJ evaluating symptoms to consider objective medical evidence and other relevant evidence, including daily activities and treatment.

MELITA, JR. v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-11-29(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.

Section 404.1529 requires ALJs to consider a claimant’s reported symptoms but does not require them to credit every complaint.

ROBART v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-11-30

Although ALJs must consider claimants’ subjective complaints, they are not obligated to credit them.