20 C.F.R. § 404.1529

Section 404.1529 permits an ALJ to consider whether reported symptoms are consistent with objective medical evidence when evaluating those symptoms.

Green v. Commissioner of Social Security · filed 2022-12-22(c)(1)-(3)

In evaluating a claimant’s subjective symptom testimony, an ALJ may consider whether it is consistent with objective medical evidence. ... In sum, the ALJ erred in rejecting plaintiff’s subjective symptom testimony regarding her mental impairments.

Section 404.1529 allows an ALJ to discount a claimant’s reported symptoms when the ALJ explains how those reports conflict with the medical evidence and other evidence in the record.

Muncy v. Kijakazi · filed 2022-12-23(c)

Accordingly, the ALJ provided specific, clear, and convincing reasons to discount plaintiff’s subjective statements.

Section 404.1529(c) permits consideration of objective medical evidence when evaluating symptoms, but a lack of corroborating evidence cannot be the sole basis for discounting pain testimony.

Treat v. Kijakazi · filed 2023-01-03(c)

In evaluating a claimant’s subjective symptom testimony, an ALJ must engage in a two-step analysis. See Lingenfelter v. Astrue, 504 F.3d 1028, 1035-36 (9th Cir. 2007); 20 C.F.R. § 404.1529(c). ... While the lack of supporting medical evidence can be a factor in evaluating a claimant’s subjective complaints, it cannot “form the sole basis for discounting pain testimony.”

Section 404.1529(c)(3) requires consideration of treatment, medication, and other evidence when evaluating the intensity and limiting effects of symptoms.

Hixon v. Commissioner of Social Security · filed 2023-01-12(c)(3)

Accordingly, the ALJ failed to explain how stability was relevant if Brandon H. was stable only in his home, but still struggled with anxiety when leaving.

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

FLYNN v. COMMISSIONER OF SOCIAL SECURITY · filed 2023-02-14(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. ... In the view of this Court, this record provides substantial support for the ALJ’s decision to discount Plaintiff’s subjective statements as inconsistent with the record evidence.

Section 404.1529(c)(3) requires consideration of medical and other evidence when evaluating a claimant’s subjective symptoms.

Jusino v. Commissioner of Social Security · filed 2023-02-21(c)(3)

While the ALJ considered the objective evidence, she did not solely rely on it to evaluate Plaintiff’s subjective complaints. The ALJ also considered other evidence of record such as Plaintiff’s subjective allegations along with the objective medical evidence in finding his allegations of additional limitations unsupported by the record. The ALJ did not err in this consideration.

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

Taylor v. Commissioner of Social Security · filed 2023-02-22(c)

The ALJ next considers the “intensity and persistence of [the] symptoms’ to determine “the extent to which [the] symptoms limit [Plaintiff's] capacity for work.” 20 C.F.R. § 404.1529(c); see also Brown, 11 F.Supp.3d at 99. ... His credibility determination was based on substantial evidence.

Section 404.1529(c)(1)-(4) permits consideration of medical evidence, treatment history, response to treatment, and daily activities when evaluating symptoms.

Bloodworth v. Kijakazi (CONSENT) · filed 2023-02-27(c)(1)-(4)

Given the ALJ’s exhaustive review of Bloodworth’s testimony and her medical records, the Court finds the ALJ properly evaluated Bloodworth’s subjective complaints. The ALJ explicitly discussed the “objective medical evidence,” Bloodworth’s “treatment history,” Bloodworth’s “response to medication,” and Bloodworth’s “daily activities.” See 20 C.F.R. §§ 404.1529(c)(1)-(4).

Section 404.1529(c) requires an ALJ to consider medical evidence, daily activities, symptom characteristics, treatment, medication, and functional limits when evaluating reported symptoms.

Donnellon v. O'Malley · filed 2023-02-27(c)

In evaluating a claimant’s subjective symptom allegations, an ALJ must consider several factors, including the claimant’s objective medical evidence; ADLs; location, duration, frequency, and intensity of their 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).

Section 404.1529 requires an ALJ to evaluate whether a medically determinable impairment could cause a claimant’s symptoms and how those symptoms affect the claimant’s ability to work.

VALENTI v. COMMISSIONER OF SOCIAL SECURITY · filed 2023-02-28

Here, the ALJ followed this two-step evaluation process.

Section 404.1529(c)(1)-(3) permits an ALJ to consider whether symptom testimony is consistent with objective medical evidence, but a lack of such evidence cannot alone justify discounting the testimony.

Flood v. Commissioner Social Security Administration · filed 2023-03-16(c)(1)-(3)

In evaluating a claimant’s subjective symptom testimony, an ALJ may consider whether it is consistent with objective medical evidence. ... The lack of objective medical evidence may not form the sole basis for discounting a claimant’s testimony.

An ALJ may consider whether a claimant’s reported symptoms are consistent with objective medical evidence but cannot discount the testimony solely because that evidence is lacking.

Shultz v. Commissioner Social Security Administration · filed 2023-03-20(c)(1)-(3)

In evaluating a claimant’s subjective symptom testimony, an ALJ may consider whether it is consistent with objective medical evidence.

Section 404.1529 requires an ALJ to consider a claimant's subjective symptoms alongside medical evidence and other relevant evidence, including daily activities, and bars rejection of those symptoms solely for lack of objective medical support.

Kenyon v. Commissioner of Social Security · filed 2023-03-23(c)(2), (c)(3)

To be sure, an ALJ "may not reject a claimant's subjective opinion regarding the intensity and persistence" of her symptoms "solely because the available objective medical evidence does not substantiate . . . her statements." Gonzalez v. Berryhill, No. 3:18-cv-00241 (SRU), 2020 WL 1452610, at *12 (D. Conn. Mar. 25, 2020) (quoting 20 C.F.R. § 416.929(c)(2)) (alteration omitted); see also 20 C.F.R. § 404.1529(c)(2). ... In this case, the ALJ appropriately discussed the relevant evidence, including the Plaintiff's ADLs and medical evidence as noted above.

Section 404.1529(c)(3) allows consideration of treatment and other relevant factors when evaluating symptoms, but the ALJ must explain the evidence supporting a decision to discount a claimant’s complaints.

Robinson v. Commissioner of the Social Security Administration · filed 2023-03-24(c)(3)

The ALJ failed to show his work by failing to identify the records to support his conclusion that Robinson’s subjective pseudotumor complaints were actually inconsistent with the record evidence. Absent the ALJ’s explanation, the court — and more importantly Ms. Robinson — is left to guess as to why the ALJ rejected Robinson’s subjective complaints. The ALJ failed to build the logical bridge between the evidence and his conclusion sufficient to permit meaningful review.

Section 404.1529(c) permits an ALJ to assess the limiting effects of symptoms by weighing a claimant’s complaints against medical evidence and daily activities without requiring objective proof of symptom severity.

Bryant v. Kijakazi · filed 2023-03-29(c)

In sum, the ALJ properly balanced Plaintiff’s subjective complaints of pain with the objective medical evidence and Plaintiff’s activities of daily living while formulating Plaintiff’s RFC. Thus, the ALJ did not run afoul of Arakas or 20 C.F.R. § 404.1529.

When evaluating symptoms, the ALJ considers the claimant’s statements and all available evidence, including medical findings and daily activities.

Klugh v. Commissioner of Social Security · filed 2023-05-05(c)(1)

Thus, the ALJ considered “not only the claimant’s statements about his or her pain,” but also “all the available evidence,” including Claimant’s medical history, her examinations, and her daily activities.

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

Olivas v. Commissioner of Social Security Administration · filed 2023-06-01(c)(2)

The ALJ cannot discount the claimant’s subjective symptom testimony based only on the “objective” medical evidence. SSR 16-3p, 2017 WL 5180304, *5; see also 20 C.F.R. §§ 404.1529(c)(2), 416.929(c)(2) (“[W]e will not reject your statements about the intensity and persistence of your pain or other symptoms or about the effect your symptoms have on your ability to work solely because the available objective medical evidence does not substantiate your statements.”). ... The ALJ considered the entire record including the medical opinion evidence, the claimant’s record of daily activities, and her subjective statements.

Section 404.1529 permits an ALJ to consider the full record when evaluating how symptoms limit a claimant’s ability to work, without requiring objective evidence to corroborate subjective pain.

Jhingory v. Kijakazi · filed 2023-06-02(c)

But, contrary to Plaintiff’s assertions, this process comported with 20 C.F.R. § 404.1529 and the requirements delineated in Arakas, as the ALJ did not require Plaintiff to produce “objective evidence” to corroborate subjective complaints of pain.

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

Cruz v. Commissioner of Social Security · filed 2023-06-20(a)

But contrary to Lynn’s argument, the ALJ did not require objective medical evidence of fibromyalgia to corroborate her complaints; instead, he looked to other evidence to evaluate whether those complaints accurately related her condition.

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

Barbarigos v. Saul · filed 2023-06-30(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 provided valid reasons throughout the decision for discounting Plaintiff’s subjective statements, and Plaintiff’s motion to remand the case for further consideration of this issue is denied.

Section 404.1529(c)(3) requires an ALJ to consider subjective complaints, objective medical evidence, and other relevant factors when evaluating symptoms.

Meek v. Commissioner of Social Security · filed 2023-07-05(c)(3)

The ALJ must weigh the claimant’s subjective complaints, the relevant objective medical evidence, and any other evidence of the factors below: ... See 20 C.F.R. §404.1529(c)(3). ... The ALJ provided an adequate rationale to build a logical bridge between the evidence in the record, Jonathan M.’s subjective symptoms, and her ultimate decision on his residual functional capacity.

Section 404.1529 permits an ALJ to discount a claimant’s statements about symptoms when they conflict with the evidence in the record.

WHITTLE v. COMMISSIONER OF SOCIAL SECURITY · filed 2023-07-24(a)

Because the Plaintiff’s subjective complaints were inconsistent with these specific elements of the record, the ALJ justifiably discounted them.

Section 404.1529(c)(3) allows consideration of medical evidence, treatment, medication, and other relevant factors when evaluating the limiting effects of a claimant’s symptoms.

Brantley v. Kijakazi · filed 2023-08-04(c)(3)

The ALJ’s reliance on this evidence to discount Claimant’s subjective statements is supported by regulations and precedent. See 20 C.F.R. §404.1529(c)(3); SSR 16-3p, 2017 WL 518004, at *7; Prill v. Kijakazi, 23 F.4th 738, 738 (7th Cir. 2022); Jeske v. Saul, 955 F.3d 583, 592 (7th Cir. 2020); Simila v. Astrue, 573 F.3d 503, 519 (7th Cir. 2009).

Section 404.1529(c) requires an ALJ to assess the limiting effects of symptoms using objective medical evidence and factors such as treatment, medication, work history, and daily activities.

Lawrence v. Commissioner of Social Security · filed 2023-08-04(c)

The Court disagrees and finds that the ALJ evaluated Plaintiff’s subjective claims consistent with the regulations. When evaluating a claimant’s subjective complaints, an ALJ must assess complaints related the extent of a claimant’s functional limitations in light of the objective medical evidence and other factors, such as his treatment history, medications, work history, and daily activities. 20 C.F.R. § 404.1529(c); Social Security Ruling (SSR) 16-3p, 2016 WL 1119029 (S.S.A. Mar. 16, 2016).

Section 404.1529(a) requires an ALJ to assess how a claimant’s symptoms limit her capacity for work after the claimant satisfies the threshold test for a medically supported impairment.

Burke v. Social Security Administration, Commissioner · filed 2023-08-09(a)

If a claimant satisfies this test, the inquiry shifts to whether and to what extent the claimant’s symptoms limit her capacity for work. 20 C.F.R. § 404.1529(a). ... Having reviewed the entire record, the Court finds that substantial evidence supports the ALJ’s credibility determination.

Section 404.1529(a) requires evaluation of how a claimant’s symptoms limit the claimant’s capacity for work.

Goode v. Social Security Administration, Commissioner · filed 2023-08-15(a)

If a claimant satisfies this test, the inquiry shifts to whether and to what extent the claimant’s symptoms limit his capacity for work. ... In sum, the Court has no trouble concluding that the ALJ properly discredited Goode’s testimony and that substantial evidence supports the ALJ’s RFC determination.

An ALJ cannot reject a claimant’s subjective symptom complaints solely because objective medical evidence does not support them.

Sandusky v. Kijakazi · filed 2023-08-15(c)(2)

However, an ALJ cannot reject a plaintiff’s subjective complaints based solely on objective medical evidence. ... The Court finds the ALJ provided ample specific, clear and convincing reasons for discounting the alleged intensity of Plaintiff’s symptoms.

Section 404.1529(c)(3) directs ALJs to consider a claimant’s activities, symptoms, medication effectiveness, and other measures used to relieve symptoms.

Conner v. Kijakazi · filed 2023-08-28(c)(3)

The ALJ considers factors such as: the claimant’s daily activities; the duration, frequency, and intensity of symptoms; medication taken and whether it alleviates the symptoms; and other treatment or measures used to relieve the symptoms. ... For these reasons, the ALJ did not err in his assessment of Mr. C.’s subjective symptoms or the effect of medication on the symptoms.

Section 404.1529(c) calls for evaluating a claimant’s reported symptoms alongside medical evidence, daily activities, treatment, and inconsistencies in the record.

WASHINGTON v. COMMISSIONER OF SOCIAL SECURITY · filed 2023-08-29(c)

The ALJ also considers “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.” 20 C.F.R. § 404.1529(c)(4). ... She appropriately evaluated the objective medical record, considered the claimant’s subjective complaints, weighed the testimony of the VE and the medical expert, and provided a clear presentation of her reasoning at every step of the analysis.

Section 404.1529(c)(3) directs the ALJ to consider factors including pain, medication side effects, and treatment when evaluating a claimant’s symptoms.

Watkins v. Commissioner of Social Security · filed 2023-09-07(c)(3)

The ALJ considered the location, duration, frequency, and intensity of Plaintiff’s pain, the precipitating and aggravating factors, her medications and side effects therefrom, and her treatment to assess the RFC. ... Substantial evidence supports the ALJ’s reasons in finding Plaintiff’s statements concerning the intensity, persistence, and limiting effects of these symptoms not entirely consistent with the medical and other evidence of record.

Section 404.1529(c) calls for consideration of factors including daily activities and inconsistencies when evaluating a claimant’s symptoms.

Rafael v. Kijakazi · filed 2023-09-07(c)

The factors to be considered in weighing a claimant’s credibility include: (1) the claimant's reputation for truthfulness; (2) inconsistencies either in the claimant’s testimony or between the claimant’s testimony and her conduct; (3) the claimant’s daily activities; (4) the claimant’s work record; and (5) evidence from physicians and third parties concerning the nature, severity, and effect of the symptoms of which the claimant complains. Fair v. Bowen, 885 F.2d 597, 603 (9th Cir. 1989); Thomas v. Barnhart, 278 F.3d 947, 958-959 (9th Cir.2002); see also 20 C.F.R. §§ 404.1529(c); 416.929(c); Social Security Ruling 16-3p. ... The ALJ does not discuss Rafael’s daily activities or cite to inconsistencies in the record. ... I find that the ALJ did not make specific, clear, and convincing findings regarding how plaintiff's testimony is contradicted by the record.

Section 404.1529(a) requires objective medical evidence to support a claimant’s subjective symptom complaints.

PHELPS v. COMMISSIONER OF SOCIAL SECURITY · filed 2023-09-08(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)). ... In the present case, the ALJ followed this two-step evaluation process.

Section 404.1529(c)(1) requires an ALJ to evaluate how a claimant’s symptoms limit the ability to work and to address contradictory evidence when doing so.

Pinkney v. Commissioner of Social Security · filed 2023-09-14(c)(1)

ALJs are required to follow a two-step process when evaluating the intensity and persistence of a claimant’s symptoms to determine the extent to which such symptoms limit the claimant’s ability to work. 20 C.F.R. § 404.1529(c)(1). ... Due to the ALJ’s failure to analyze or address contradictory probative evidence, the Court can neither determine whether the ALJ considered the entirety of the record nor discern the weight he gave to particular evidence.

Section 404.1529(c)(3) directs adjudicators to consider factors bearing on the intensity, persistence, and limiting effects of a claimant’s symptoms.

Clayton v. Kijakazi · filed 2023-09-15(c)(3)

Objective medical evidence may not capture the full extent of a claimant’s symptoms, so where the objective medical evidence and subjective complaints are at odds, the ALJ should consider all factors concerning the “intensity, persistence and limiting effects” of the claimant’s symptoms. SSR 16-3p, 2016 WL 1119029, at *7; 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3) (showing a complete list of factors). ... The ALJ properly considered Claimant’s testimony regarding his mental impairments, and the court can trace the ALJ’s reasoning and finds it is supported by substantial evidence.

Section 404.1529 requires an ALJ to evaluate a claimant’s symptoms using objective medical evidence and other evidence, including daily activities.

Prentkiewicz v. Kijakazi (CONSENT) · filed 2023-09-15(c)(1)-(3)

Because 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), the court finds that the ALJ’s evaluation of Plaintiff's subjective statements is supported by substantial evidence.

Section 404.1529(a) requires an ALJ to evaluate a claimant’s reported symptoms against the record as a whole.

MCCRAKEN v. SOCIAL SECURITY · filed 2023-09-20(a)

Because Plaintiff’s subjective complaints were inconsistent with these specific elements of the record, the ALJ justifiably discounted them.

Section 404.1529(c)(4) requires an ALJ to evaluate a claimant’s symptom statements in light of their consistency with the other evidence.

Ard v. Kijakazi(CONSENT) · filed 2023-09-25(c)(4)

The Court finds that the ALJ sufficiently explained her reasoning for discrediting Ard’s subjective complaints and symptoms.

Section 404.1529 requires the ALJ to assess the intensity and persistence of a claimant’s symptoms and their effect on the claimant’s ability to work.

Lanier v. Social Security Administration, Commissioner · filed 2023-09-27(c)

The ALJ’s evaluation of Ms. Lanier’s symptoms was not “meager.”

Section 404.1529(c) requires an ALJ to evaluate the severity and limiting effects of a claimant’s symptoms in light of the record evidence.

Diaz v. Acting Commissioner of Social Security · filed 2023-09-29(c)

Judge Reznik correctly determined that the ALJ’s decision, including his discussion of the medical opinion evidence and treatment record, supported the determination not to credit Plaintiff’s subjective statements about the severity of her symptoms.

Section 404.1529 permits an ALJ to consider objective evidence when evaluating the severity of a claimant’s symptoms but does not require objective proof of that severity.

Johnson v. Kijakazi · filed 2023-10-05(c)

Thus, while a claimant cannot be required to prove the extent and severity of their subjective complaints with objective evidence, such evidence – if it exists–may still be considered by the ALJ to evaluate those complaints.

Section 404.1529 directs an ALJ to evaluate a claimant’s symptoms through a two-step assessment of the impairment and the alleged symptoms’ limiting effects.

Sheppard v. Commissioner Social Security Administration · filed 2023-11-21

SSR 14-Ip is consistent with 20 C.F.R. § 404.1529 and 416.929, which directhowan ALJ must evaluate a Plaintiff's subjective symptom testimony: about their impairments. ... After consideration of the entire record, the Court finds that the ALJ provided substantial evidence in her two-step evaluation of Plaintiff's subjective symptom testimony regarding her CFS.

Section 404.1529 requires an ALJ to determine whether a medically determinable impairment could cause the alleged symptoms, then assess how far those symptoms are consistent with the evidence.

Kaur v. Berryhill · filed 2021-01-21

First, the ALJ 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)). Second, the ALJ must “consider ‘the extent to which the claimant’s symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence’ of record.” Id. (quoting 20 C.F.R. § 404.1529(a)) (alteration adopted). ... On this record, therefore, the ALJ did not err in evaluating plaintiff's subjective complaints of pain.

Section 404.1529(c) allows an ALJ to evaluate reported symptoms using medical evidence, treatment, daily activities, and other relevant factors.

Cofer v. Commissioner of Social Security · filed 2023-12-08(c)

As such, the Court finds the ALJ properly evaluated Plaintiff’s subjective complaints and alleged symptoms in a manner consisted with relevant SSA policies and regulations, including SSR 16-3p and 20 C.F.R. § 404.1529.

Section 404.1529(c)(3) requires the ALJ to consider daily activities, the nature of symptoms, medication, treatment, and other measures used for relief when evaluating a claimant’s symptoms.

Velazquez v. Commissioner of Social Security · filed 2023-12-11(c)(3)

In this case, the ALJ did not analyze the relevant regulatory factors. ... For these reasons, substantial evidence does not support the ALJ’s assessment of Plaintiff’s credibility, and the case should be remanded for the ALJ to conduct a complete analysis of Plaintiff’s credibility.

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

Gorman v. Commissioner of Social Security · filed 2023-12-21(c)(3)

The ALJ did not clearly articulate specific and adequate reasons to discount Plaintiff’s subjective complaints. Thus, the ALJ’s subjective complaint analysis was not supported by the medical and other evidence of record, and remand is warranted.

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

HARLA v. COMMISSIONER OF SOCIAL SECURITY · filed 2024-01-10(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) requires the ALJ to consider medical evidence, work history, and factors such as daily activities, pain, medication, and functional restrictions when evaluating subjective symptoms.

McClellan v. O'Malley · filed 2024-01-26(c)

“When evaluating a claimant’s subjective complaints of pain, the ALJ must consider objective medical evidence, the claimant’s work history, and other evidence relating to (1) the claimant’s daily activities; (2) the duration, frequency, and intensity of the pain; (3) precipitating and aggravating factors; (4) the dosage, effectiveness, and side effects of medication; and (5) the claimant’s functional restrictions.” Schwandt v. Berryhill, 926 F.3d 1004, 1012 (8th Cir. 2019) (citing Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir. 1984), and 20 C.F.R. § 404.1529(c)). ... Accordingly, remand is necessary to determine whether, and to what extent, the ALJ considered Plaintiff’s testimony.

Section 404.1529(c)(3) directs ALJs to consider daily activities, treatment, medication, and other factors when assessing a claimant's symptoms.

WESLEY v. O'MALLEY · filed 2024-02-12(c)(3)

When assessing a claimant's symptom testimony, the ALJ considers the factors set forth in 20 C.F.R. § 404.1529(c)(3), i.e., (1) a claimant's daily activities, ... (7) other factors concerning a claimant's functional limitations and restrictions due to pain or other symptoms. ... And, the ALJ did not improperly equate these activities to the ability to perform full-time work, and thus her consideration of this factor was reasonable.

Section 404.1529(c)(3) directs the ALJ to consider daily activities, the nature of symptoms, treatment, relief measures, and other functional limits when evaluating a claimant’s symptoms.

Diaz-Lopez v. Commissioner of Social Security · filed 2024-02-16(c)(3)

When evaluating a claimant’s testimony, the ALJ should consider: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication to alleviate pain or other symptoms; (5) treatment other than medication for relief of pain or other symptoms; (6) any measures a claimant uses to relieve pain or other symptoms; and (7) other factors concerning a claimant’s functional limitations and restrictions due to pain or other symptoms. ... When reviewing the decision as a whole, substantial evidence supports the ALJ’s finding that Plaintiff’s medically determinable impairments could reasonably be expected to cause the alleged symptoms, but her allegations concerning the intensity, persistence, and limiting effects of these symptoms were not entirely consistent with the medical and other evidence of record.

Section 404.1529 does not permit a claimant’s statements about pain or other symptoms alone to establish disability.

Taveras v. Commissioner of Social Security · filed 2024-02-17(a)

SSA regulations provide that statements of subjective pain and other symptoms alone cannot establish a disability.

Section 404.1529(c)(4) requires symptom statements to be considered in relation to other evidence in the record, including conflicting evidence.

Moon v. Commissioner of Social Security · filed 2024-03-04(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). ... Here, the ALJ adequately assessed Plaintiff’s subjective complaints of pain and urinary frequency, ultimately arriving at an RFC that is supported by substantial evidence.

Section 404.1529(c)(3) requires an ALJ to consider daily activities and other symptom-related factors when evaluating a claimant’s reported limitations.

Grech, Jr. v. O'Malley · filed 2024-03-04(c)(3)

When assessing a claimant’s subjective reports, an ALJ considers objective medical evidence, daily activities, frequency and intensity of pain or other symptoms, medication, treatment and other measures to relieve pain or other symptoms, and functional limitations. See SSR 16-3p, 2017 WL 5180304, at *7-8 (Oct. 25, 2017); 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3).

Section 404.1529(c)(3) directs an ALJ to consider daily activities, medication, treatment, and other relevant factors when evaluating the limiting effects of symptoms.

Folmar v. Commissioner of Social Security Administration · filed 2024-03-04(c)(3)

Factors relevant to a claimant’s symptoms include daily activities, types and effectiveness of medications, treatment received to address symptoms, and other factors concerning a claimant’s functional limitations and restrictions due to pain or other symptoms. SSR 16-3p, 82 Fed. Reg. at 49465-49466; 20 C.F.R. 404.1529(c)(3).

Section 404.1529(c) permits an ALJ to assess reported pain against medical evidence, treatment, and daily activities when evaluating its limiting effects.

Chumbler v. Social Security Administration, Commissioner · filed 2024-03-06(c)

Together, these were appropriate grounds for discrediting Chumbler’s subjective symptoms testimony. See 20 C.F.R. § 404.1529(c); SSR 16-3p; May v. Comm’r of Soc. Sec. Admin., 226 F. App’x 955, 958 (11th Cir. 2007) (holding ALJ properly discredited plaintiff’s subjective symptoms testimony where that testimony was not supported by clinical findings or consistent with objective medical evidence or reported daily activities).

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

Moncrief, Jr. v. Social Security Administration, Commissioner · filed 2024-03-26

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, 416.929.

Section 404.1529(c)(3) requires an ALJ to consider seven factors when evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms.

Kaiser v. Social Security, Commissioner of · filed 2024-03-26(c)(3)

When evaluating a plaintiff’s intensity, persistence, and limiting effects of the Plaintiff’s subjective symptoms, the ALJ must consider the seven factors listed in SSR 16-3p and 20 C.F.R. § 404.1529.

Subjective complaints alone do not establish disability, and an ALJ may reject complaints that are inconsistent with the evidence.

CAMPBELL v. KIJAKAZI · filed 2024-03-26(a)

Nevertheless, subjective complaints alone are not sufficient to establish a claimant’s disability. See 20 C.F.R. §§ 404.1529(a); 416.929(a). When considering the credibility of the complaints in light of the objective medical evidence, the ALJ may partially or entirely reject complaints that are inconsistent with the evidence.

Section 404.1529(c)(3)–(4) allows an ALJ to consider activities, treatment, medication effects, and other evidence when evaluating a claimant’s symptoms.

Kumi v. Social Security Administration, Commissioner · filed 2024-03-27(c)(3), (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). ... The ALJ considered Kumi’s objective imaging and testing, physical and mental examinations, course of treatments, and prior administrative findings. (Tr. 24-28).

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

Dillard v. Social Security Administration, Commissioner · filed 2024-03-27(c)(2)

The ALJ’s summary of the record shows that the ALJ did not reject Dillard’s testimony solely because it was not substantiated by the objective medical evidence (see 20 C.F.R § 404.1529(c)(2)), but instead that the ALJ considered all of the evidence, objective and subjective (see 20 C.F.R. § 404.1529).

Section 404.1529(c) requires an ALJ to assess a claimant’s symptoms alongside the other evidence in the record without requiring objective medical evidence to corroborate the claimant’s statements.

Walkup v. O'Malley · filed 2024-03-29(c)

In other words, it is legal error to require objective medical evidence to corroborate the claimant’s statements, but it is proper to evaluate her statements along with other evidence in the record.

Section 404.1529(c)(3) calls for consideration of relevant factors, including daily activities, when assessing the effects of a claimant’s symptoms.

Scott v. Commissioner of Social Security · filed 2024-03-14(c)(3)

Thus, Ms. S has not established that the ALJ committed any legal error in his analysis of her daily activities.

Section 404.1529 requires an ALJ to explain with sufficient specificity why a claimant’s statements about symptoms are discounted; a boilerplate finding alone is insufficient.

Smith v. OMalley · filed 2024-05-06(c)

The ALJ’s cursory finding that Smith’s statements and allegations regarding her physical impairments are “not entirely consistent” with the evidence, AR at 20–21, without more, is not a sufficient or proper explanation for discounting her testimony. ... Based on the lack of analysis and use of boilerplate language, the ALJ did not properly assess Smith’s subjective statements. This failure constitutes a separate ground for remand.

Section 404.1529(a) requires an ALJ to assess reported symptoms against objective medical evidence and other evidence in the record.

Patton v. Commissioner of Social Security · filed 2024-06-07(a)

Instead, the ALJ evaluated Plaintiff’s symptoms based on their consistency with the objective evidence as well as other factors. Such an analysis is proper—if an ALJ cannot make a favorable disability determination based solely on objective medical evidence, then they must consider “other evidence in the record.” Id. at *6.

Section 404.1529 requires evidence of an underlying medical condition and evaluation of whether the record supports the alleged severity and limiting effects of symptoms.

Smith v. Social Security Administration, Commissioner · filed 2024-06-13(a), (b)

Here, the ALJ noted that the impairments underlying Plaintiff’s medical conditions could be reasonably expected to cause some of her alleged symptoms, satisfying the first part of the pain standard.

A claimant’s statements about symptoms must be carefully considered, but the ALJ may discount them when they are inconsistent with the record.

BRENCHAK v. O'MALLEY · filed 2024-06-20(a)

“Although ‘any statements of the individual concerning [his] symptoms must be carefully considered,’ the ALJ is not required to credit them.” Chandler v. Comm’r of Soc. Sec., 667 F.3d 356, 363 (3d Cir. 2011) (citing SSR 96–7p and 20 C.F.R. § 404.1529(a)). ... Accordingly, The ALJ did not err when she discounted the inconsistent subjective statements.

Section 404.1529(c)(3) permits an ALJ to consider unemployment benefits alongside other factors when evaluating a claimant’s subjective symptoms.

Dahl v. Commissioner of Social Security · filed 2024-07-22(c)(3)

Rather, the ALJ considered the record in its entirety, which included the evidence at issue here, but also included consideration of the other relevant factors laid out in 20 C.F.R. § 404.1529(c)(3). ... Where the Plaintiff's receipt of unemployment benefits is one part of the ALJ’s consideration of the record rather than the dispositive basis for his decision, there is not legal error.

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

FAHRION v. COMMISSIONER OF SOCIAL SECURITY · filed 2024-08-12(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). ... Here, the ALJ followed this two-step evaluation process.

Section 404.1529(c) allows an ALJ to evaluate reported pain alongside medical findings and other evidence when assessing symptoms.

Ramos v. Commissioner of Social Security · filed 2024-08-13(c)

The ALJ properly noted Ramos’s reports of low back pain and weighed these reports against medical test results.

Section 404.1529 does not allow an ALJ to discount a claimant’s subjective symptoms solely because objective medical evidence does not corroborate them.

Hamilton v. Commissioner, Social Security · filed 2024-08-14(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 SSR 16-3p. ... Because the ALJ improperly increased Plaintiff’s burden of proof, in effectively requiring that his subjective statements be validated by objective medical support, the Court must find error.

Section 404.1529 permits an ALJ to consider medical evidence alongside other factors when evaluating a claimant’s reported symptoms.

POWELL v. O'MALLEY · filed 2025-03-26(c)

Rather, in accordance with 20 C.F.R. §§ 404.1529 and 416.929, SSR 16-3p, and relevant case law, the ALJ considered the medical evidence, including the assessments by Plaintiffs treating ptoviders upon examination, as one of many factors when evaluating her subjective complaints.

Section 404.1529(c)(3) requires the ALJ to consider daily activities, symptom patterns, aggravating factors, medication, and functional restrictions when evaluating a claimant’s subjective complaints.

Perez v. Dudek · filed 2025-03-31(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. ... The undersigned agrees.

Section 404.1529(c)(3) calls for consideration of all relevant factors when evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms.

Rogers v. Commissioner of Social Security · filed 2025-08-18(c)(3)

Objective medical evidence may not capture the full extent of a claimant’s symptoms, so where the objective medical evidence and subjective complaints are at odds, the ALJ should consider all factors concerning the “intensity, persistence and limiting effects” of the claimant’s symptoms. S.S.R. 16-3p, 2016 WL 1119029, at *7; 20 C.F.R. § 404.1529(c)(3) (showing a complete list of factors).

Section 404.1529(c)(3) requires the ALJ to consider evidence beyond medical records when evaluating subjective symptoms, which may indicate greater impairment than objective evidence reflects.

Leviev v. Dudek · filed 2025-08-21(c)(3)

Under the Social Security Act, the ALJ is required to consider evidence other than the medical record because subjective symptoms may suggest a higher severity of impairment than what is reflected by the objective medical record. See 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 requires the ALJ to evaluate a claimant’s symptoms against the record; the claimant’s statements alone do not establish disability.

Hernandez v. Commissioner of Social Security · filed 2025-09-05(a)

However, a plaintiff’s statements about pain or other symptoms do not alone establish a disability; rather, those statements must be supported by objective medical evidence. 20 C.F.R. § 404.1529(a). ... As the ALJ properly considered all relevant evidence in evaluating Plaintiff’s credibility, there is no reversible error.

Section 404.1529(c) requires the ALJ to evaluate whether a claimant’s reported symptoms and limitations are consistent with the record as a whole.

Vaughn v. O'Malley · filed 2025-09-12(c)

When considering a claimant’s self-reported symptoms and limitations, the ALJ must evaluate whether the claimant’s subjective statements are consistent with and supported by the record as a whole. 20 C.F.R. § 404.1529(c); SSR 16-3p. ... In her analysis, the ALJ pointed to a number of inconsistencies between Plaintiff’s allegations and the record.

Section 404.1529(c) requires an ALJ to consider symptom factors alongside the other evidence when assessing a claimant’s statements about their severity.

Maresca v. Commissioner of Social Security · filed 2025-09-22(c)(3), (c)(4)

Although Plaintiff cites some evidence of migraine headaches, including the “intractable” type, see Pl.’s Mem. at 6 (citations omitted), the ALJ’s Decision makes clear that she adequately considered Plaintiff’s complaints about the migraine headaches and accepted them only to the extent consistent with the RFC.

Section 404.1529 requires a two-step evaluation of a claimant’s symptoms, including their intensity, persistence, and effect on the ability to work.

Wright v. Bisignano · filed 2025-09-29

The regulations provide a two-step process for evaluating Plaintiff’s subjective complaints. 20 C.F.R. §§ 404.1529, 416.929; see also SSR 16-3p, 2016 WL 1119029 (Mar. 16, 2016). ... The ALJ applied the correct legal standards and reasonably concluded, based on the evidence, that Plaintiff’s statements about the intensity and persistence of his symptoms were not entirely consistent with the other evidence in the record.

Section 404.1529(c) requires an ALJ to consider objective and other evidence of symptoms and bars rejecting symptom reports solely because objective evidence does not substantiate them.

Burns v. Commissioner, Social Security Administration · filed 2025-09-29(c)

Thus, an ALJ should “carefully consider any other information [a claimant] may submit about [his] symptoms,” id., and may not reject statements about the intensity and persistence of the symptoms “solely because the available objective medical evidence does not substantiate [his] statements.” 20 C.F.R. § 404.1529(c)(2). ... In these circumstances, the Court concludes that the ALJ failed to support his subjective symptom analysis with substantial evidence, did not adequately articulate his analysis, and failed to build “an accurate and logical bridge between the evidence and the result.”

Section 404.1529(c) requires an ALJ to evaluate the intensity and persistence of symptoms using the full record rather than discounting them solely for lack of objective medical support.

FARLEY v. BISIGNANO · filed 2025-09-30(c)

Thus, remand is required in light of the ALJ’s disregard of Plaintiffs psychiatric symptoms based on a lack of “objective medical evidence,” particularly the lack of objective medical evidence when Plaintiff was compliant with his medications and not using alcohol, reflecting an appatent requirement of objective medical evidence in evaluating Plaintiffs symptoms and a related failure to consider the treason for medication noncompliance and failure to undertake the proper analysis for considering Plaintiffs use of alcohol.

Section 404.1529 requires an ALJ to determine whether a medically determinable impairment could cause the alleged symptoms, then assess their intensity and persistence and their effect on the claimant’s ability to work.

Brown v. Bisignano · filed 2025-09-30

The regulations provide a two-step process for evaluating Plaintiff’s subjective complaints. ... Here, the ALJ followed the two-step process in considering Plaintiff’s subjective complaints.

Section 404.1529(c) permits an ALJ to discount reported symptoms when they conflict with medical records, testimony, and other evidence.

Lewis v. Commissioner of Social Security · filed 2025-09-30(c)

Whether described as a “credibility” determination or a “consistency” determination under SSR 16-3p, the ALJ must evaluate the “intensity, persistence, and limiting effects of an individual's symptoms.” SSR 16-3p, 2017 WL 5180304, at *7-8 (listing seven factors); see also 20 C.F.R. §§ 404.1529(c), 416.929(c) and former SSR 96–7p. Therefore, it is proper for an ALJ to discount the claimant's testimony where there are inconsistencies and contradictions among the medical records, her testimony, and other evidence. ... Thus, it is proper for an ALJ to discount the claimant's testimony, as the ALJ did in this case, where there are inconsistencies and contradictions among the medical records, her testimony, and other evidence.

Section 404.1529 requires an ALJ to evaluate the intensity, persistence, and limiting effects of a claimant’s symptoms in light of the evidence.

French v. Bisignano · filed 2025-09-30

This is done by “determining whether the claimant has a medically determinable impairment that could reasonably be expected to produce pain or other symptoms and, if so, evaluating the intensity, persistence, and limiting effects of her pain or other symptoms.” Id. (citing SSR 16-3p, 2017 WL 5180304 (Oct. 25, 2017); 20 C.F.R. §§ 404.1529). ... In making these findings, the ALJ relied on his own subjective determinations rather than objective medical evidence, which was improper.

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 medical and other evidence.

HERNANDEZ v. O'Malley, Commissioner of the Social Security Administration · filed 2025-09-30

In assessing credibility, the ALJ must consider whether the claimant’s statements about the intensity, persistence, and limiting effects of symptoms are reasonably consistent with the medical and other evidence of record. See 20 C.F.R. § 404.1529. ... Because the ALJ correctly analyzed Plaintiff’s subjective complaints under the regulations and there is substantial evidence to support her decision, the Court overrules Plaintiff’s second point of error.

An ALJ may discount a claimant’s statements about symptoms when the alleged limitations are unsupported by the evidence.

FITZGERALD v. O'MALLEY · filed 2025-10-10(c)(4)

Rather, an ALJ may discount a claimant’s subjective statements when they are unsupported by the evidence.

Section 404.1529(c) requires an ALJ to consider the full record and explain why evidence undermines a claimant’s statements about the intensity and limiting effects of symptoms.

Combs · filed 2025-11-04(c)

As in Willis F. and other cited cases, the ALJ provided no explanation of why Plaintiff’s allegations of pain and limitations were entitled to less weight than other evidence in the record.

Section 404.1529(c)(2) permits an ALJ to consider objective medical evidence when evaluating the intensity and persistence of a claimant’s symptoms, along with other evidence in the record.

Schirtz · filed 2026-02-26(c)(2)

Accordingly, remand is not warranted because the ALJ’s determination that Plaintiff’s statements concerning the intensity, persistence, and limiting effects of these symptoms were not entirely consistent with the medical evidence and other evidence in the record is supported by substantial evidence.

When evaluating symptoms of chronic depression, an ALJ may not discount a claimant’s statements because objective medical evidence does not corroborate them, even if that is only one factor in the evaluation.

Walker · filed 2026-03-06(c)

Because the ALJ improperly increased Plaintiff’s burden of proof, in effectively requiring that subjective statements be validated by objective medical evidence, the Court must find error.

Section 404.1529(c)(4) permits an ALJ to discount subjective symptom complaints that are inconsistent with the medical evidence.

SHAW · filed 2026-03-13(c)(4)

If an ALJ finds the claimant’s subjective complaints inconsistent with the objective medical evidence, the ALJ may discount the complaints. 20 C.F.R. 404.1529(c)(4). ... Instead, the ALJ considered Claimant’s testimony against objective medical evidence and found her statements to be contradicted by several pieces of evidence, as noted above.

Section 404.1529(c) requires an ALJ evaluating symptoms to consider the extent of a claimant’s daily activities before using them to discount reported limitations.

Moore · filed 2026-03-16(c)

The ALJ’s observation that Plaintiff participates in dating and job seeking without analyzing the extent of that participation has little bearing on Plaintiff’s “ability to do sustained work-related activities on a regular and continuing basis—i.e., 8 hours a day, for 5 days a week, or an equivalent work schedule.”

Section 404.1529(c) requires an ALJ to assess how the intensity and persistence of symptoms affect a claimant’s ability to work and permits consideration of objective medical evidence when fibromyalgia is alleged alongside other impairments.

TINSMAN · filed 2026-03-19(c)

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. See 20 C.F.R. § 404.1529(c); SSR 16-3p, 2016 WL 1119029, at *4. ... Here, Plaintiff’s claim for DIB is not based solely on fibromyalgia; the ALJ also found that Plaintiff suffered from lumbar spine impairment, scoliosis, leg length discrepancy, rheumatoid arthritis, among others. (Tr. at 21.) “In light of these diagnoses, it was . . . appropriate for the ALJ to consider the objective medical evidence of record.”

Section 404.1529 requires consideration of evidence beyond objective medical findings when evaluating the intensity and persistence of a claimant’s symptoms.

Ellis · filed 2026-03-26(c)(2)-(3)

However, the Commissioner cannot reject a claimant’s testimony regarding the intensity and persistence of pain and other symptoms based solely on a lack of corroborating objective medical evidence.

Section 404.1529(c) requires the ALJ to evaluate the intensity and persistence of a claimant’s symptoms and how they affect the claimant’s ability to work.

HAY · filed 2026-04-03(c)

The ALJ did consider plaintiff’s reported symptoms, and his fibromyalgia diagnosis as a whole, and determined that plaintiff’s RFC was appropriate with the exertional, postural, and environmental limitations that she established, in light of all plaintiff’s medical conditions. There is substantial evidence to support the ALJ’s findings.

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

COZART v. KIJAKAZI · filed 2022-07-13(c)(3)

The ALJ must then consider the claimant's alleged symptoms in light of his daily activities; the location, duration, frequency, and intensity of the claimant's symptoms; precipitating and aggravating factors; the type, dosage, effectiveness, and side effects of medication; treatment other than medication for relief of pain; and other measures taken to relieve the symptoms. 20 CFR § 404.1529(c)(3). ... As discussed above, the ALJ did not adequately explain how the activities she cites are inconsistent with Nurse Markley's conclusions; nor did the ALJ explain how those activities are not consistent with the symptoms alleged by Claimant.

Section 404.1529 requires a two-step evaluation of subjective symptoms; an ALJ may not discount reported mental symptoms based on objective findings alone.

Davis · filed 2026-06-04(a)

When an ALJ considers an impairment with “[s]ymptoms [that] cannot always be measured objectively through clinical or laboratory diagnostic techniques,” ALJs must conduct a unique, two-step analysis in evaluating those subjective complaints. SSR 16-3p; see also 20 C.F.R. § 404.1529(a); Arakas v. Comm’r, Soc. Sec. Admin., 983 F.3d 83, 95 (4th Cir. 2020). ... Here, the ALJ engaged in the same “forbidden” analysis by discounting Billy’s subjective symptoms with objective evidence—mainly cherry-picked observations of his clinical presentation and demeanor.

Section 404.1529(c)(3) requires consideration of factors affecting how symptoms limit work, but does not require a formal factor-by-factor recitation.

Perea v. Social Security Administration · filed 2023-09-29(c)(3)

The ALJ did not have to provide a “formalistic factor-by-factor recitation.” ... Nonetheless, throughout her decision she did consider the § 404.1529(c)(3) factors.

Section 404.1529 permits an ALJ to consider a claimant's medical treatment history when evaluating subjective symptoms, but requires an explanation connecting symptom improvement to the alleged symptoms or the claimant's ability to work.

Rucker v. Berryhill · filed 2018-08-29

While the Regulations provide that an ALJ may consider Plaintiff’s medical treatment history as a factor in evaluating Plaintiff’s subjective pain allegations, see 20 C.F.R. § 404.1529, he must explain how symptom improvement undermined her allegations of continued symptoms or how it related to her ability to work.

Section 404.1529 permits an ALJ to consider a claimant’s subjective symptoms, including the effectiveness and side effects of medications, when evaluating the intensity, persistence, and limiting effects of symptoms.

Smith v. Social Security Administration Commissioner · filed 2019-07-23(c)(3)(iv)

Smith is generally correct that an ALJ may consider subjective symptoms, which include the effectiveness and side effects of medications. ... Accordingly, the court finds no error in the ALJ’s decision finding that Smith’s testimony about her medication side effects was unsupported by the medical record indicating improvements with new medication combinations.

Section 404.1529(c)(3) permits an ALJ evaluating subjective symptoms to consider effective responses to treatment and activities inconsistent with the alleged symptoms.

Hahn Jr v. Commissioner of Social Security · filed 2019-07-24(c)(3)(i), (c)(3)(v)

An ALJ may find a claimant’s subjective symptom testimony not credible based on evidence of effective responses to treatment. See, e.g., Burch, 400 F.3d at 681; 20 C.F.R. §§ 404.1529(c)(3)(v), 416.929(c)(3). ... Activities inconsistent with the alleged symptoms—even when they suggest some difficulty functioning—are proper grounds for questioning the credibility of subjective complaints when the person claims a totally disabling impairment. Molina, 674 F.3d at 1113; see also Rollins, 261 F.3d at 857; 20 C.F.R. §§ 404.1529(c)(3)(i).

Section 404.1529(c)(2) permits objective medical evidence to be considered in assessing symptom severity and disabling effects but not as the sole basis for rejecting symptom testimony, while subsection (c)(3) treats treatment effectiveness as a relevant factor in assessing symptom severity.

Hernandez, o/b/o A R v. Commissioner of Social Security · filed 2019-09-16(c)(2), (c)(3)

However, the objective medical evidence is a relevant factor, along with the medical source’s information about the claimant’s pain or other symptoms, in determining the severity of a claimant’s symptoms and their disabling effects. ... Minimal objective evidence is a factor which may be relied upon in discrediting a claimant’s testimony, although it may not be the only factor. ... The effectiveness of treatment is a relevant factor in determining the severity of a claimant’s symptoms.

Section 404.1529 requires an ALJ evaluating symptoms to consider the effectiveness of treatment and whether the claimant’s statements are consistent with objective and other evidence.

Hillsberry v. Social Security Administration · filed 2020-04-01(c)(3)(iv), (c)(4)

The ALJ acknowledged Plaintiff’s subjective complaints concerning his physical and mental impairments, but found the objective medical evidence contradicted those complaints. R. 451, 455-56. R. 232, 239, 245-46, 257-58, 266, 27, 330-31, 830. See 20 C.F.R. § 404.1529(c)(4) (“We will evaluate your statements in relation to the objective evidence”); Huston v. Bowen, 838 F.2d 1125, 1132 (10th Cir. 1988) (in assessing subjective complaints, an ALJ may consider “the consistency or compatibility of nonmedical testimony with objective medical evidence”). ... The ALJ found evidence that medications improved Plaintiff’s symptoms undermined his subjective complaints. R. 245-46, 257, 327, 330, 451, 454-55, 830. See 20 C.F.R. § 404.1529(c)(3)(iv) (stating that an ALJ must consider the effectiveness of treatment); Kelly v. Chater, 62 F.3d 335, 338 (10th Cir. 1995) (fact that impairment was well-controlled supported ALJ’s conclusion that the claimant was not disabled).

Section 404.1529(c)’s treatment factors make improvement relevant, but the controlling question is whether the improvement is sufficient to permit sustained full-time employment and meet the legal standard for non-disability.

Bonato v. Kijakazi · filed 2023-05-30(c)(3)(iv)-(v)

An ALJ may consider the effectiveness of treatment and medication in evaluating the nature and severity of a claimant’s subjective allegations. 20 C.F.R. § 404.1529(c)(iv), (v); see also SSR 16-3p, 2017 WL 5180304, at *8. Kevin asserts that “[i]mprovement is of limited value.” Doc. 8 at 12. The Court rejects that argument. “While [Kevin] is correct that the relevant question is not whether he has improved, but whether he can sustain full time employment, improvement is a relevant factor that ALJs may consider.” ... “The key is not whether one has improved (although that is important), but whether they have improved enough to meet the legal criteria of not being classified as disabled” (emphasis added).

Section 404.1529(c)(3)(iv)–(v) makes treatment improvement relevant only to the extent that it restores the claimant's ability to engage in substantial gainful activity; stability or marginal improvement can coexist with disability.

Ray v. O'Malley · filed 2024-03-13(c)(3)(iv)–(v)

While an individual’s improvement is a relevant consideration under the regulations, such improvement is relevant only to the extent it restores a claimant’s ability to engage in substantial gainful activity. See 20 C.F.R. § 404.1529(c)(3)(iv)-(v); SSR 16-3p, 2017 WL 5180304, at *8; Allensworth v. Colvin, 814 F.3d 831, 834 (7th Cir. 2016); Murphy v. Colvin, 759 F.3d 811, 818-19 (7th Cir. 2014).

Section 404.1529 treats a claimant’s treatment regimen as one factor the ALJ may consider when evaluating the claimant’s credibility.

Mandziej v. Chater · filed 1996-09-24(e)(3)(i)

Regimen of treatment is but one factor to assist the ALJ in his determination of the claimant’s credibility.

Section 404.1529(c)(3)(iv)-(v) allows an ALJ to consider a claimant's medication use and level of treatment when assessing subjective complaints.

Shrader v. Kijakazi · filed 2023-03-20(c)(3)(iv), (c)(3)(v)

The regulations allow the ALJ to consider Plaintiff’s level of treatment and use of medication in evaluating her subjective complaints, which the ALJ appropriately did so here. See 20 C.F.R. § 404.1529(c)(3)(iv)-(v) (ALJ may consider medication and treatment).

Section 404.1529(c)(3) requires the ALJ to examine evidence beyond physical and diagnostic findings when evaluating a claimant’s pain.

Ramey v. Astrue · filed 2009-04-01(c)(3)

Claims of severe pain can be credible even if they are unsupported by significant physical and diagnostic examination results. See Carradine, 360 F.3d at 755. The ALJ must therefore examine the record for other corroborating evidence. See 20 C.F.R. § 404.1529(c)(3); SSR 96-7p.

An ALJ evaluating symptom intensity and persistence considers the entire record, including objective evidence, history, and statements from the claimant and medical sources.

Acosta v. Commissioner of Social Security · filed 2022-07-26(c)(1)-(2)

“In evaluating the intensity and persistence of a claimant’s symptoms, the ALJ considers the entire record, including the objective medical evidence, the claimant’s history, and statements of the claimant and [his or] her doctors.” Belser v. Soc. Sec. Admin., Comm’r, No. 20-12121, 2021 WL 6116639, at *6 (11th Cir. Dec. 27, 2021) (unpublished) (citing 20 C.F.R. §§ 404.1529(c)(1)-(2)). ... While the ALJ could have addressed Plaintiffs subjective complaints in more detail, the failure to do so here was harmless. Further, the ALJ’s reasons for finding Plaintiff is not as limited as he alleges are supported by substantial evidence.

Section 404.1529(c)(1) requires the Commissioner to consider all available medical and nonmedical evidence when evaluating the intensity and persistence of a claimant's pain.

Loftis v. Kenneth S. Apfel, Commissioner of Social Security · filed 1998-01-15(c)(1)

In evaluating the intensity and persistence of pain, the Commissioner was required to consider all available evidence, medical and nonmedical. 20 C.F.R. §§ 404.1529(c)(1), 416.929(c)(1); see also Bunnell v. Sullivan, 947 F.2d 341, 346 (9th Cir.1991).

Section 404.1529(c)(3) requires an ALJ to consider all evidence presented when evaluating a claimant's symptoms.

Henry v. Commissioner of Social Security · filed 2013-09-21(c)(3)

Under the Social Security regulations, an ALJ is required to consider “all of the evidence presented.” 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3).

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider all record evidence, including the claimant’s daily activities and the specified symptom-related factors.

Gardner v. Commissioner of Social Security · filed 2019-07-31(c)(3)

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

Section 404.1529(a) requires an ALJ to consider all available evidence when evaluating the intensity and persistence of symptoms, including pain, but does not require expressly discussing every evaluation.

Chopka v. Social Security Administration · filed 2019-08-27(a)

For support, Plaintiff points to 20 C.F.R. § 404.1529, which only requires that an ALJ “consider all of the available evidence” when evaluating the intensity and persistence of a claimant’s symptoms, including pain. 20 C.F.R. § 404.1529(a). However, this particular regulation does not impose a requirement that the ALJ expressly discuss an evaluation from a physical therapist.

Section 404.1529(c) requires an ALJ evaluating a claimant’s symptoms to consider all available evidence concerning their intensity, persistence, and limiting effects.

Embry v. Social Security Administration, Commissioner · filed 2019-11-01(c)

In evaluating a claimant’s testimony and other statements regarding the intensity, persistence, and limiting effects of her symptoms, an ALJ considers all available evidence. 20 C.F.R. § 404.1529(c), 416.929(c).

Section 404.1529(c)(3) requires consideration of all evidence presented, including observations by agency employees and other persons, when evaluating a claimant's symptoms.

Barron v. Saul · filed 2020-02-12(c)(3)

The regulations state that the Social Security Administration “will consider all of the evidence presented, including ... observations by our employees [e.g., an ALJ] and other persons.” 20 C.F.R. § 404.1529(c)(3). ... Pursuant to the regulations sections discussed in the preceding paragraph, the ALJ properly relied on his own observations during the hearing. Plaintiff is correct that, if this were the sole basis for the ALJ’s denial, remand would be appropriate. But the ALJ also supported his decision with a detailed analysis of Plaintiff's medical history, which included complaints of numbness. (R:92-93.) Thus, the ALJ’s reliance on his own observations during the hearing in conjunction with relevant objective medical evidence, was not erroneous.

Section 404.1529(c)(1) requires the Administration to consider all available medical and nonmedical evidence when evaluating the intensity and persistence of a claimant’s symptoms.

Schmid v. SSA · filed 2020-03-12(c)(1)

“In evaluating the intensity and persistence of [a claimant’s] symptoms, [the Administration] consider[s] all of the available evidence from [a claimant’s] medical sources and nonmedical sources about how [a claimant’s] symptoms affect [them].” 20 C.F.R. § 404.1529(c)(1). ... The ALJ in Schmid’s case did exactly that. He noted that “whenever statements about the intensity, persistence, or functionally limiting effects of pain or other symptoms are not substantiated by objective medical evidence, the undersigned must consider other evidence in the record to determine if the claimant’s symptoms limit the ability to do work-related activities.” [TR 22]. First, the ALJ considered Schmid’s own testimony, which was contradictory to her former statements that she was completely incapacitated by PTSD and fibromyalgia. [Id.].

Section 404.1529(c)(3) requires an ALJ to consider other evidence in the record to determine how a claimant's symptoms limit work-related activities when objective medical evidence does not substantiate the claimant's statements about the limiting effects of pain.

Washington v. Social Security Administration, Commissioner · filed 2020-09-23(c)(3)

The ALJ must evaluate whether the statements regarding the limiting effects of pain are substantiated by objective medical evidence, and if they are not, the ALJ must consider other evidence in the record to determine how the symptoms limit the claimant’s work-related activities. See 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3).

Section 404.1529 requires a two-step evaluation of a symptom-producing impairment using all available medical and nonmedical evidence, and the resulting symptom finding cannot rest on mischaracterization or cherry-picking of the record.

Johnson v. Saul · filed 2021-11-24(a)–(c)

When evaluating a claimant's subjective statements regarding his pain, fatigue, or other limiting symptoms, the ALJ must follow a two-step process: first, he must decide whether the claimant suffers from a medically determinable impairment that could reasonably be expected to produce the symptoms alleged. 20 C.F.R. § 404.1529(b). This requirement stems from the fact that subjective assertions of pain alone cannot ground a finding of disability. Genier v. Astrue, 606 F.3d 46, 49 (2d Cir. 2010); 20 C.F.R. § 404.1529(a). At the second step, the ALJ must consider "the extent to which [the claimant's] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence" of record. 20 C.F.R. § 404.1529(a). At that step, the ALJ must consider "all of the available evidence," both medical and non-medical, including opinion evidence. 20 C.F.R. § 404.1529(c). ... I therefore conclude that the ALJ's credibility determination was based in part on a distorted view of the record, which was error.

Section 404.1529 is satisfied when the ALJ evaluates symptom testimony against the entire record and gives specific reasons supported by medical opinions, examinations, activities, and other evidence.

Delay v. Social Security Administration, Commissioner of · filed 2021-12-13

Upon careful review, the court finds that the ALJ’s discussion of the medical opinion evidence, together with the evidence from plaintiff’s medical examinations and plaintiff’s ADLs and other activities, provided specific reasons and substantial evidence to support the ALJ’s analysis of plaintiff’s testimony concerning her symptoms.

Section 404.1529(c) requires examination of the entire record when evaluating subjective symptoms and is satisfied when the ALJ addresses the claimant's statements, objective evidence, and other relevant evidence.

Chavez v. Social Security Administration · filed 2021-12-13(c)

When the record is considered in this light, and in light of the “particular deference” owed to subjective symptom determinations, see White, 287 F.3d at 910, a review of the ALJ’s decision reveals that she properly considered “the entire case record, including the objective medical evidence” as well as other evidence, when evaluating Chavez’s subjective symptom evidence concerning his upper extremities.

Section 404.1529(c)(1) requires consideration of the entire record, including medical evidence and claimant and physician statements, for inconsistencies in pain-related testimony.

Kell v. Social Security Administration, Commissioner · filed 2022-02-01(c)(1)

Importantly, the ALJ must consider the entire record when evaluating a claimant’s pain-related testimony, including by reviewing medical evidence and statements by the claimant and his or her doctors for potential inconsistencies.

Section 404.1529(c) requires examination of the entire case record, including statements and medical and nonmedical evidence, when evaluating symptom intensity and persistence.

Montoya v. Social Security Administration · filed 2022-02-22(c)

At this stage, 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.”

Section 404.1529 requires all available evidence and the listed symptom factors after an impairment is established.

Duckworth v. Commissioner of Social Security · filed 2022-03-30(a)-(c)(3)

For that finding, the SSA considers all available evidence, including medical history, medical signs, laboratory findings, and statements about how the symptoms affect the claimant.

Section 404.1529(c)(3) allows an ALJ to consider the full evidentiary record—including the claimant’s statements and activities, medical-source evidence, and observations by agency employees and others—when assessing functional capacity.

Kostelny v. Commissioner of Social Security · filed 2022-06-28(c)(3)

Accordingly, in addition to the opinion evidence, the ALJ also considered the objective medical findings of record and Plaintiff’s daily activities. See 20 C.F.R. § 404.1529(c)(3) (providing that the SSA “will consider all of the evidence presented, including information about [a claimant's] prior work record, [a claimant's] statements about [her] symptoms, evidence submitted by [her] medical sources, and observations by [the SSA's] employees and other persons”). ... Thus, the clinical findings coupled with Plaintiff’s activities of daily living provided ample support for the ALJ’s physical RFC finding.

Section 404.1529 requires an ALJ to consider the entire case record, give specific reasons for the symptom finding, and not disregard intensity and persistence solely because objective evidence does not substantiate them.

Ferdinand v. Commissioner of Social Security · filed 2022-06-22(a), (c)(3)

The Agency provides a specific set of criteria to consider when evaluating symptom testimony. First, the ALJ must determine whether a claimant has medically determinable impairments that reasonably could be expected to produce her symptoms. SSR 16-3p; 20 C.F.R. §404.1529(a). Statements regarding intensity and persistence may not be disregarded simply because they are not substantiated by objective evidence. SSR 16-3p. SSR 16-3p provides a specific two-factor test an ALJ must use to evaluate the “intensity, persistence, and functionally limiting effects of an individual’s symptoms to determine the extent to which the symptoms affect the individual’s ability to do basic work activities.” In determining the ability of the claimant to perform work-related activity, the ALJ must consider the entire case record, and the decision must contain specific reasons for the finding. Id.

Section 404.1529(c)(3) requires consideration of non-objective evidence such as treatment history, symptom-relief measures, testimony, and activities when symptoms suggest greater severity than objective evidence alone shows.

Custodio v. Saul · filed 2022-06-22(c)(3)

Indeed, as Defendant asserts, “the ALJ considered the objective evidence among other factors in his evaluation of Plaintiff’s symptoms, including Plaintiff’s treatment history, the measures he used to relieve his symptoms, his testimony, and his reports of activities.” Id. Consideration of such other non-objective evidence is actually prescribed by the regulations when “symptoms sometimes suggest a greater severity of impairment than can be shown by objective medical evidence.” 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(4) requires an ALJ to evaluate complaints not supported by objective evidence against the entire case record, including medical findings, claimant statements, source information, observations from familiar persons, and other relevant evidence.

Childers v. SSA · filed 2022-07-12(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 (emphasis added); 20 C.F.R. § 404.1529(c)(4).

Section 404.1529(a) requires evaluation of all symptoms, including pain, for reasonable consistency with objective medical evidence and other evidence, rather than requiring objective proof of subjective complaints.

Jackson v. Berryhill · filed 2022-07-28(a)

Rather, the ALJ evaluated the plaintiff’s symptoms in light of the evidence in the record, which included comparing the plaintiff’s reported symptoms to the record evidence, as is required by the governing regulations and SSR 16-3p. See, e.g., SSR 16-3p at *8 (“Consistent with our regulations, we instruct our adjudicators to consider all of the evidence in an individual’s record when they evaluate the intensity and persistence of symptoms[.]”); 20 C.F.R. § 404.1529(a) (“In determining whether you are disabled, we consider all your symptoms, including pain, and the extent to which your symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence.”).

Section 404.1529(c) requires careful consideration of the entire record—including objective evidence, medical-source information, treatment, activities, and inconsistencies—when determining how symptoms limit work capacity.

Glenn v. Commissioner of Social Security · filed 2022-08-12(c)(2)-(4)

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). The ALJ must carefully consider the entire case record and evaluate the intensity and persistence of an individual’s symptoms to determine the extent to which the symptoms affect the individual’s ability to do basic work activities. SSR 16-3p. ... The ALJ summarized Plaintiff’s medical records and function reports in detail and provided reasonable explanations for his findings.

Once an impairment reasonably expected to cause symptoms is established, Section 404.1529(a) requires consideration of all evidence about symptom intensity, persistence, and functional effects in addition to medical findings.

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

impairment that could reasonably be expected to produce the pain or other symptoms, pursuant to 20 C.F.R. § 404.1529(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 consideration of all available evidence, including the claimant’s statements, when evaluating symptom intensity, persistence, and effects on ability to work.

BRANDE v. KIJAKAZI · filed 2022-08-24

In making these findings, the ALJ clearly considered all of the available evidence, including Plaintiffs statements about his symptoms, in evaluating “the intensity and persistence of the claimant’s [symptoms], and the extent to which [they] affects [his] ability to work,” in accordance with Craig, 76 F.3d at 595, and the factors set out in 20 C.F.R. § 416.929(c)(3) and 20 C.F.R. § 404.1529.

Section 404.1529(c) requires consideration of relevant symptom factors; the ALJ need not discuss every detail but may not ignore an entire contrary line of evidence.

Rounds v. Kijakazi · filed 2022-08-29(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). “An ALJ need not discuss every detail in the record as it relates to every factor,” but an ALJ may not ignore an entire line of evidence contrary to his ruling.

Section 404.1529(a) requires consideration of all available evidence when evaluating symptom intensity and persistence.

NELSON v. KIJAKAZI · filed 2022-09-06(a)

An ALJ “will consider all of the available evidence” in his or her evaluation of the “intensity and persistence of [the claimant’s] symptoms.” 20 C.F.R. §§ 404.1529(a), 416.929(a).

An ALJ evaluating symptom intensity and persistence must consider the entire record, including objective evidence, history, and statements from the claimant and medical sources.

Cottrell v. Commissioner of Social Security · filed 2022-09-08(c)(1)-(2)

“In evaluating the intensity and persistence of a claimant’s symptoms, the ALJ considers the entire record, including the objective medical evidence, the claimant’s history, and statements of the claimant and [his or] her doctors.” Belser v. Soc. Sec. Admin., Comm’r, No. 20-12121, 2021 WL 6116639, at *6 (11th Cir. Dec. 27, 2021) (unpublished) (citing 20 C.F.R. §§ 404.1529(c)(1)-(2)).

An ALJ evaluating symptom intensity and persistence must consider the entire record, including objective evidence, history, and statements from the claimant and medical sources.

Kolkowski v. Commissioner of Social Security · filed 2022-09-28(c)(1)-(2)

“In evaluating the intensity and persistence of a claimant’s symptoms, the ALJ considers the entire record, including the objective medical evidence, the claimant’s history, and statements of the claimant and [his or] her doctors.”

Section 404.1529(c)(1) requires consideration of all available medical-source and nonmedical-source evidence about how a claimant’s symptoms affect the claimant.

Webb v. Commissioner of Social Security · filed 2022-09-29(c)(1)

The agency regulations provide that, “[i]n evaluating the intensity and persistence of your symptoms, we consider all of the available evidence from your medical sources and nonmedical sources about how your symptoms affect you.” 20 C.F.R. § 404.1529(c)(1).

Section 404.1529(a) requires consideration of all evidence about the intensity, persistence, and limiting effects of symptoms once a medically determinable impairment capable of causing them is established.

Akram v. Commissioner of Social Security · filed 2023-02-27(a)

Based on this standard of review, the ALJ’s decision that Plaintiff was not disabled within the meaning of the Social Security Act for the time period in question should be affirmed.

Section 404.1529(a) requires consideration of all medical evidence when assessing combined impairments and RFC.

Showalter v. Comm'r of Soc. Sec. · filed 2023-03-15(a)

But, in considering each of her impairments, the ALJ was complying with regulatory requirements to consider all the medical evidence. See C.F.R. § 404.1529(a).

Section 404.1529(c)(3) treats medications, treatments, and other symptom-relief measures as important indicators of symptom intensity and persistence.

Davis v. Apfel, Commissioner · filed 1998-09-02(c)(3)

In addition, information regarding the types of medications, treatments, and other methods used to alleviate symptoms are "important indicator[s] of the intensity and persistence" of symptoms.

Section 404.1529(c)(3)(iv)–(c)(3)(vi) permits an ALJ to consider the amount of treatment, medication, and other measures a claimant uses when determining the nature and severity of symptoms.

O'Neil v. Commissioner of Social Security Administration · filed 2020-01-27(c)(3)(iv)–(c)(3)(vi)

An ALJ is free to take into account the amount of treatment a claimant receives for an impairment in determining the nature and severity of the impairment, as well as medication and any other measures used. 20 C.F.R. §§ 404.1529(c)(3)(iv)–404.1529(c)(3)(vi). Thus, the Court finds no error here.

Section 404.1529(c)(3) requires showing that relevant evidence was considered but not analysis of every factor, and efforts to obtain relief may be evaluated through medication, injections, and physical therapy records.

Speakman v. Commissioner of Social Security · filed 2021-11-22(c)(3)

Although an ALJ is not required to analyze all seven factors, she should show that she considered the relevant evidence. ... This discussion demonstrates that, contrary to Plaintiff’s claims, the ALJ considered Plaintiff’s persistent efforts to obtain pain relief.

Section 404.1529(c)(3) does not require analysis of every symptom factor, but the ALJ must show consideration of relevant evidence, including persistent efforts to obtain relief through surgery, medication, and other treatment.

Pickrell v. Commissioner of Social Security · filed 2021-12-14(c)(3)

Although an ALJ is not required to analyze all seven factors, he should show that he considered the relevant evidence. ... For these reasons, the Undersigned finds Plaintiff’s claim that the ALJ did not consider his efforts to obtain pain relief to be wholly without merit.

Sections 404.1529(c)(3)(iv)-(vi) permit considering the amount and type of treatment, medication, and other relief measures when assessing the nature and severity of symptoms.

Kenny v. Commissioner of Social Security Administration · filed 2022-01-20(c)(3)(iv)-(vi)

An ALJ is also free to consider the amount of treatment a claimant receives for an impairment in determining the nature and severity of the impairment, as well as medication and any other measures used. 20 C.F.R. §§ 404.1529(c)(3)(iv)–404.1529(c)(3)(vi). The Court finds no error here.

Persistent attempts to obtain symptom relief through changing medications and dosages may demonstrate that symptoms are intense and persistent, and an ALJ must confront that evidence rather than isolate temporary improvement.

BASTIN v. KIJAKAZI · filed 2022-01-20(c)(3)

The ALJ does not confront the evidence contradictory to her conclusion and fails to acknowledge that “[p]ersistent attempts to obtain relief of symptoms, such as increasing dosages and changing medications, trying a variety of treatments, referrals to specialists, or changing treatment sources may be an indication that an individual’s symptoms are a source of distress and may show that they are intense and persistent.”

Sections 404.1529(c)(3)(iv)-(vi) permit considering the amount and type of treatment, medication, and other relief measures when evaluating symptom nature and severity.

Bernal v. Commissioner of Social Security Administration · filed 2022-02-08(c)(3)(iv)-(vi)

An ALJ is also free to consider the amount of treatment a claimant receives for an impairment in determining the nature and severity of the impairment, as well as medication and any other measures used. 20 C.F.R. §§ 404.1529(c)(3)(iv)–404.1529(c)(3)(vi). The Court finds no error here.

Section 404.1529(c)(3) makes treatment and symptom-relief measures relevant, but omission of explicit discussion is harmless when the evidence does not show the measures had to occur during work hours.

Wilson v. Saul · filed 2022-03-07(c)(3)

This evidence is relevant to one of the factors outlined in 20 C.F.R. § 404.1529(c)(3) and 20 C.F.R. § 416.929(c)(3)—treatment and measures the claimant uses to relieve his symptoms. However, nothing Plaintiff has cited suggests that the two one-hour session with the compression pump would need to take place during work hours.

Section 404.1529(c)(3) requires consideration of pain and the claimant’s efforts to mitigate it when assessing residual functional capacity.

Lilley v. Commissioner, Social Security Administration · filed 2022-03-21(c)(3)

The ALJ failed to properly assess the significance of Plaintiff’s pain and the many unsuccessful efforts she took to mitigate it in assessing the RFC and in finding that the medical providers’ opinions regarding substantial limitations were unsupported by the record. See 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3) (stating the factors to be considered in assessing pain); SSR 16-3p, 2016 WL 1119029 (S.S.A. Mar. 16, 2016).

Section 404.1529(c)(3) requires consideration of measures used to reduce pain, including a claimant’s need to lie down several times each day.

Posey v. Social Security Administration, Commissioner · filed 2023-07-26(c)(3)(vi)

The ALJ had to consider measures that Mr. Posey used to try to reduce his pain. See 20 C.F.R. §§ 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). The ALJ did not mention Mr. Posey’s testimony regarding his need to lay down several times each day to help alleviate his pain. ... For all these reasons, the Court concludes that the ALJ did not properly apply the Eleventh Circuit pain standard, and substantial evidence does not support her conclusions on this issue. On remand, the ALJ must consider the entire case record and give “specific reasons for the weight given” to Mr. Posey’s symptoms and those reasons must be “consistent with and supported by the evidence.”

Section 404.1529(c) requires the Commissioner to consider non-medication treatments and other measures used to relieve symptoms, but does not require those accommodations to be incorporated into the residual functional capacity.

Jackson v. Commissioner of Social Security · filed 2025-01-15(c)

That regulation states that the Commissioner, when “determining the extent to which . . . symptoms limit [an applicant’s] capacity for work,” will consider objective medical evidence and “any other information” the applicant submits about their symptoms, including evidence of non-medication treatment or other measures the applicant uses to relieve pain or symptoms. 20 C.F.R. § 404.1529(c). ... Rather, Plaintiff argues only that the ALJ failed to incorporate those accommodations into the REC, which the regulation does not require. ... Because she considered this evidence, she did not violate the regulation.

Section 404.1529(c)(3) requires consideration of measures other than medication used to relieve symptoms when evaluating their limiting effects.

Laskey v. Commissioner of Social Security Administration · filed 2020-02-04(c)(3)

Instead, it appears the ALJ considered Plaintiff’s lying down to be a form of self-treatment—a factor the ALJ needed to address as part of the credibility analysis.

An ALJ must consider measures a claimant uses to relieve pain or other symptoms when evaluating the claimant’s symptoms.

Snover v. Social Security · filed 2021-08-26(c)(3)(vi)

An ALJ is required to consider the “relevant factors” in determining the strength of Snover’s claims, including “[a]ny measures [used] to relieve . . . pain or other symptoms” 20 C.F.R. §§ 404.1529(c)(3)(vi).

An ALJ is not required to accept a claimant’s subjective allegations of pain or other symptoms.

Clark v. Kijakazi (CONSENT) · filed 2022-08-30(a)

“Importantly, an ALJ is not required to accept a claimant’s subjective allegations of pain or symptoms.” Turner v. Kijakazi, No. 1:19-CV-774-KFP, 2021 WL 3276596, at *9 (M.D. Ala. July 30, 2021) (citing Wilson v. Barnhart, 284 F.3d 1219, 1225 (11th Cir. 2002); 20 C.F.R. § 404.1529(a)).

An ALJ must consider subjective complaints but need not accept them without question and may assess their consistency with the evidence.

BOUCHER v. KIJAZAKI · filed 2022-08-31(c)(4)

It is important to remember that, while a claimant’s testimony regarding his subjective complaints is certainly relevant, an ALJ is not under an obligation to simply accept what the claimant said without question. See 20 C.F.R. § 404.1529(c)(4); Chandler, 667 F.3d at 363.