20 C.F.R. § 404.1529

Section 404.1529 requires an ALJ to evaluate alleged symptoms for consistency with objective medical evidence and other evidence, and prohibits dismissing alleged limitations solely because objective medical evidence does not substantiate them.

Wendorf v. Commissioner of Social Security · filed 2019-06-03(a), (c)(2)

Despite the mischaracterization, Plaintiff is correct that the ALJ must establish an accurate and logical bridge between evidence and the conclusion that Plaintiff failed to demonstrate functional deficits. (Pl. Br. At 13.) In doing so, the ALJ cannot dismiss alleged limitations solely on the perceived lack of objective medical evidence. 20 CFR § 404.1529(c)(2). ... The correct criterion for evaluation is “reasonably…accept[able] as consistent with objective medical evidence.” 20 CFR § 404.1529(a); see also Lopez v. Berryhill, 340 F. Supp. 3d 696, 702 (N.D. Ill. 2018); Minger v. Berryhill, 307 F. Supp. 3d 865, 871 (N.D. Ill. 2018). Here, the ALJ applied the correct requirement in the same paragraph. (“However, for the reasons given below, the undersigned finds that the claimant’s alleged functional deficits are inconsistent with the medical evidence and other evidence in the record.”) (R. at 26.) Therefore, while Plaintiff notes that “not entirely consistent” is the incorrect legal standard, the correct standard was used in this case.

Section 404.1529(c)(2)–(3) bars an ALJ from rejecting symptom statements solely for lack of objective support and requires consideration of other record evidence and specified symptom-related factors.

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

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

Section 404.1529(c)(3) identifies the factors an ALJ considers when evaluating the intensity and persistence of a claimant's symptoms, including pain.

Sanchez v. Berryhill · filed 2019-06-10(c)(3)

The factors to which SSR 16-3p refers are set forth in 20 C.F.R. § 404.1529(c)(3), and are sometimes called the Avery factors . . . .

Section 404.1529 sets out a two-part standard for evaluating a claimant's subjective complaints.

Morrison v. Berryhill · filed 2019-06-25

To the extent that Plaintiff challenges the ALJ’s credibility determination, the Court finds that she applied the correct legal standard and her credibility determination is supported by substantial evidence. Consistent with the governing regulations, the ALJ considered Plaintiffs subjective statements as to the limitations caused by her impairments (Tr. 24-27); 20 C.F.R. § 404.1529 (setting out a two-part standard for evaluating a claimant’s subjective complaints).

Section 404.1529(b) requires an ALJ to give specific, evidence-supported reasons when evaluating a claimant's subjective symptoms and credibility.

DUVA v. COMMISSIONER OF SOCIAL SECURITY · filed 2019-06-27(b)

Nonetheless, the ALJ’s credibility determination “must contain specific reasons for the finding of credibility, supported by the evidence in the case record.” See 20 C.F.R. §§ 404.1529(b}, 416.929(b}.

Section 404.1529 requires an ALJ to use a two-step process: first determine whether objective medical evidence shows an impairment that could reasonably be expected to produce the alleged symptoms, then assess the symptoms’ intensity, persistence, and work-related limits.

Engle v. Berryhill · filed 2019-07-10(b), (c)

Per 20 C.F.R. § 1529, the ALJ must employ a two-step process to evaluate a claimant’s symptoms. First, it must be determined whether there is “objective medical evidence showing the existence of a medical impairment which could reasonably be expected to produce the actual pain [or other symptoms], in the amount and degree, alleged by the claimant.” ... Then, after finding such a condition, the ALJ must evaluate the alleged symptoms’ intensity and persistence along with the extent to which they limit the claimant’s ability to engage in work.

Section 404.1529(a) requires an ALJ to determine whether a medically determinable impairment could reasonably be expected to produce the alleged symptoms and, if so, evaluate the extent of the resulting functional limitations against objective and other evidence.

Mitkowski v. Berryhill · filed 2019-07-17(a)

When identifying a claimant’s RFC, the ALJ must engage in a two-step process. First, the ALJ must decide whether the claimant suffers from a medically determinable impairment that could reasonably be expected to produce the symptoms alleged; if so, then the ALJ must consider the extent to which any alleged functional limitations that are due to such symptoms are reasonably consistent with objective medical evidence and other evidence.

Section 404.1529(c)(3) directs an ALJ evaluating symptoms to consider the entire record and factors including daily activities, pain characteristics, aggravating factors, medication, other treatment, and functional limitations.

Biglow v. Commissioner of Social Security · filed 2019-08-15(c)(3)

Under SSR 16-3p, an ALJ is to consider all of the evidence in the record in order to evaluate the limiting effects of a plaintiff’s symptoms, including the following factors: ... 7. Any other factors concerning an individual's functional limitations and restrictions due to pain or other symptoms. Id., 2017 WL 5180304, at *7–8; see also 20 C.F.R. §§ 404.1529(c), 416.929(c) and former SSR 96–7p. ... The ALJ also properly considered Plaintiff’s report that standing aggravated her back pain and accounted for that in the RFC by limiting her to standing no more than 4 hours per workday, a stricter limitation than offered by any medical source. (Tr. 30-33); 20 C.F.R. § 404.1529(c)(3)(iii).

Section 404.1529(c) requires an ALJ evaluating a claimant’s symptoms to consider specified factors bearing on their intensity, persistence, and limiting effects.

McKinnon v. Berryhill · filed 2019-08-16(c)

Here, the ALJ properly relied on factors set forth in 20 C.F.R. § 404.1529(c) to determine the weight to give McKinnon’s self-reported and subjective symptoms. ... Because the ALJ’s determination of McKinnon’s RFC was made upon a proper consideration of McKinnon’s credibility and 20 C.F.R. § 404.1529(c) factors, and is supported by substantial evidence, his evaluation of McKinnon’s disability status at step five should be affirmed.

Section 404.1529(a) assigns evaluation of a claimant’s symptoms to the ALJ rather than agency medical experts.

Hammons v. Saul · filed 2019-08-21(a)

However, symptom evaluation is the province of the ALJ, not the agency experts, see 20 C.F.R. § 404.1529(a), and the ALJ only gave the experts’ opinions partial weight. (See R. 626.)

Section 404.1529 requires medical signs and laboratory findings showing an impairment that could reasonably be expected to produce the alleged pain or other symptoms, considered with all other evidence, and a claimant's pain statements alone do not establish disability.

Monahan v. Commissioner of Social Security · filed 2019-08-26(a)

Plaintiff’s statements of pain will not alone establish disability. 42 U.S.C. § 423(d)(5)(A); 20 C.F.R. §§ 404.1529, 416.929. ... see also 20 C.F.R. §§ 404.1529(a), 416.929(a) (“[T]here must be medical signs and laboratory findings which show that you have a medical impairment(s) which could reasonably be expected to produce the pain or other symptoms alleged and which, when considered with all of the other evidence . . . would lead to a conclusion that you are disabled.”)

Section 404.1529(c)(2) requires an ALJ to attempt to obtain objective medical evidence and consider it when evaluating a claimant’s symptoms.

Russo v. Social Security Administration · filed 2019-08-26(c)(2)

SSA regulations require an ALJ determining disability to “consider all [of the claimant’s] symptoms, including pain, and the extent to which [the claimant’s] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence.” 20 C.F.R. § 404.1529(a). ... see also 20 C.F.R. § 404.1529(c)(2) (providing that the ALJ “must always attempt to obtain objective medical evidence and, when it is obtained, . . . consider it in reaching a conclusion as to whether [the claimant is] disabled”). ... The ALJ therefore failed to “mak[e] every reasonable effort to obtain a complete medical history” before evaluating Russo’s symptoms, in violation of Social Security Ruling 16-3p and 20 C.F.R. § 404.1529(c)(2).

Section 404.1529(c)(3)(i) permits an ALJ to consider activities inconsistent with alleged symptoms when evaluating subjective complaints, even if those activities suggest some difficulty functioning.

Mekic v. Commissioner of Social Security · filed 2019-08-27(c)(3)(i)

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) requires an ALJ, after finding a medically determinable impairment that could produce the claimant's symptoms, to evaluate their intensity and persistence and the extent to which they limit the claimant's ability to perform work-related activities.

Hutton v. Commissioner of Social Security Administration · filed 2019-08-28(c)

Second, if such an impairment is established, the ALJ must “evaluate the intensity and persistence” of the claimant’s symptoms “to determine the extent to which the symptoms limit an individual’s ability to perform work-related activities.” Id. at *3; see also 20 C.F.R. § 404.1529(c) (2016).

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

Maxwell v. Social Security Administration Commissioner · filed 2019-08-26(c)(3)

In assessing the credibility of a claimant, the ALJ is required to examine and to apply the five factors from Polaski v. Heckler, 739 F.2d 1320 (8th Cir. 1984) or from 20 C.F.R. § 404.1529 and 20 C.F.R. § 416.929.3 See Shultz v. Astrue, 479 F.3d 979, 983 (2007). The factors to consider are ... as follows: (1) the claimant’s daily activities; (2) the duration, frequency, and intensity of the pain; (3) the precipitating and aggravating factors; (4) the dosage, effectiveness, and side effects of medication; and (5) the functional restrictions. See Polaski, 739 at 1322.

Section 404.1529(c)(3) directs the ALJ to consider the entire case record and specified factors, including daily activities, symptom characteristics, medication, and treatment, when evaluating the intensity, persistence, and limiting effects of a claimant's symptoms.

Gonzalez v. Saul · filed 2019-08-28(c)(3)

In making this evaluation, the ALJ should consider the entire case record, along with the (1) claimant’s daily activities; (2) location, duration, frequency, and intensity of pain or ... symptoms; (3) precipitation and aggravating factors; (4) type, dosage and side effects of medication; (5) treatment other than medication; and (6) any other factors concerning the claimant’s functional limitations and restrictions. Id. at 49465-66; 20 CFR § 404.1529(c)(3). ... The ALJ followed this two-step process here, first determining that Claimant’s impairments could reasonably be expected to cause Claimant’s alleged symptoms. ... Therefore, the ALJ appropriately considered Claimant’s lack of specific treatment or imposition of exertional limitations for his lumbar spine pain when assessing the intensity, persistence, and limiting effects of Claimant’s pain and symptoms.

Section 404.1529 requires an ALJ to assess a claimant’s symptoms against objective medical evidence and other evidence when determining how the symptoms affect the claimant’s capacity to work.

Sextro v. Commissioner of Social Security · filed 2019-09-03(c)

When determining whether a claimant is disabled, in addition to objective record evidence, the ALJ must consider the claimant’s symptoms, and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence. 20 C.F.R. § 404.1529.

Section 404.1529(c)(3) requires considering seven factors, including daily activities, symptom characteristics, treatment, and other functional limitations, when evaluating the intensity, persistence, and limiting effects of symptoms.

Finley v. Commissioner of Social Security · filed 2019-09-10(c)(3)

In evaluating the intensity, persistence, and limiting effects of an individual’s symptoms, factors to be considered include: (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); SSR 16-3p, 2017 WL 5180304, at *7-8. ... Although Plaintiff argues otherwise, the ALJ properly considered Plaintiff’s activities as one of several regulatory factors in evaluating her symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); SSR 16-3p, 2017 WL 5180304, at *7-8. ... Therefore, the Court finds substantial evidence supports the ALJ’s evaluation of Plaintiffs symptoms and thus remand is not required on this basis.

Section 404.1529(a) requires an ALJ to consider all evidence about the intensity, persistence, and functionally limiting effects of a claimant's pain or other symptoms, in addition to medical signs and laboratory findings, when a medically determinable impairment could reasonably be expected to produce those symptoms.

Cruz v. Commissioner of Social Security · filed 2019-09-11(a)

Once a claimant establishes that his pain is disabling through objective medical evidence from an acceptable medical source that shows a medical impairment that could reasonably be expected to produce the pain or other symptoms, pursuant to 20 C.F.R. §§ 404.1529(a), 416.929(a), “all evidence about the intensity, persistence, and functionally limiting effects of pain or other symptoms must be considered in addition to the medical signs and laboratory findings in deciding the issue of disability,” Foote, 67 F.3d at 1561.

Section 404.1529(a) requires the ALJ to determine whether a medically determinable impairment could reasonably be expected to produce the claimant's alleged pain or other symptoms as the first step in evaluating symptom severity and limitations.

Gabel, Jr. v. Saul · filed 2019-09-11(a)

Under the Social Security Regulations, the ALJ undertakes a two-step process in evaluating a claimant’s symptoms and subjective complaints about the severity and nature of the relevant impairments. 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.” 20 C.F.R. § 404.1529(a).

Section 404.1529(c) directs an ALJ to evaluate the intensity, persistence, and limiting effects of symptoms using daily activities, treatment, medication, and other evidence, including objective evidence.

Larsen v. Saul · filed 2019-09-16(c)

Factors to be considered in evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms include: 1) daily activities; 2) the location, duration, frequency, and intensity of pain or other symptoms; 3) factors that precipitate and aggravate the symptoms; 4) the type, dosage, effectiveness, and side effects of any medication an individual takes or has taken to alleviate pain or other symptoms; 5) treatment, other than medication, an individual receives or has received for relief of pain or other symptoms; 6) any measures other than treatment an individual uses or has used to relieve pain or other symptoms; and 7) any other factors concerning an individual’s functional limitations and restrictions due to pain or other symptoms. SSR 16-3p, 2016 WL 1119029, at *7; 20 C.F.R. §§ 404.1529(c), 416.929 (c). ... The ALJ found that Plaintiff’s medically determinable impairments could reasonably be expected to cause some of the alleged symptoms, but that Plaintiff’s statements concerning the intensity, persistence, and limiting effects of her symptoms were not entirely consistent with the evidence. Tr. 23. ... On this record, the ALJ reasonably concluded that Plaintiff’s reports were not supported by her conservative treatment, improvement with treatment, inconsistent statements, nor the objective evidence. These findings are supported by substantial evidence and are clear and convincing reasons to discount Plaintiff’s symptoms complaints.

Section 404.1529 requires an ALJ evaluating a claimant’s symptoms to consider the relevant factors listed in subsection (c).

Lugo v. Saul · filed 2019-09-12(c)

ALJ Wexler considered the relevant factors, see 20 C.F.R. § 404.1529(c)(i)-(vii), and her finding is supported by substantial evidence.

Section 404.1529 requires the ALJ to determine whether a medically determinable impairment could reasonably produce the alleged symptoms and then evaluate whether those symptoms are consistent with objective medical and other evidence.

Secor v. Commissioner of Social Security · filed 2019-09-24(c)(1), (c)(4)

When determining a claimant’s RFC, “symptoms, including pain, will be determined to diminish [a claimant’s] capacity for basic work activities to the extent that . . . [they] can reasonably be accepted as consistent with the objective medical evidence and other evidence.” 20 C.F.R. § 404.1529(c)(4). ... First, the ALJ must determine whether the claimant suffers from a “medically determinable impairment[] that could reasonably be expected to produce” the symptoms alleged. 20 C.F.R. § 404.1529(c)(1). If the claimant does suffer from a medically determinable impairment, then the ALJ must evaluate whether the claimant’s alleged symptoms are consistent with the evidence. See SSR 96-7P, 1996 WL 374186, at *2. ... The ALJ properly assessed Plaintiff’s credibility under these rules.

Section 404.1529(c) directs an ALJ evaluating symptoms to consider the listed factors and compare the claimant’s reports with medical and other record evidence.

Kamerling v. Commissioner of Social Security · filed 2019-09-26(c)

Here, the record shows that the ALJ applied the correct legal standards and that his credibility findings are supported by substantial evidence. The ALJ properly evaluated Kamerling’s credibility, taking into account the factors listed in 20 C.F.R. § 404.1529(c), and decided that his reports of disabling pain were less than credible because they were not reasonably consistent with the medical and other evidence of record. 20 C.F.R. § 404.1529(4).

Section 404.1529 permits consideration of daily activities when assessing a claimant's limitations and requires consideration of objective medical evidence when weighing the claimant's symptoms.

NOCE v. COLVIN · filed 2019-10-01

Moreover, activities of daily living are a proper inquiry in determining a plaintiff’s limitations. See 20 C.F.R. §§ 404.1529 & 416.929. The ALJ did not err in considering them. ... Moreover, the ALJ must consider the objective medical evidence when weighing credibility, see 20 C.F.R. §§ 404.1529 & 416.929, and may consider failures to follow through with a prescribed treatment plan. See Vega v. Comm’r of Soc. Sec., 358 F. App’x 372, 375 (3d Cir. 2009).

Section 404.1529(c)(3) identifies a claimant’s prior work record as one of several factors an ALJ considers when evaluating subjective complaints.

Metes v. Commissioner of Social Security · filed 2019-10-07(c)(3)

While § 404.1529(c)(3) specifies that a claimant’s “prior work record” is a factor for an ALJ to consider, it is only one of many factors considered in evaluating subjective complaints.

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

Sanders v. Social Security Administration, Commissioner · filed 2019-09-27(c)(3), (4)

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

Section 404.1529(c)(3) does not require an ALJ to discuss each symptom-evaluation factor when assessing the intensity, persistence, and limiting effects of a claimant's symptoms.

McKeever v. Saul · filed 2019-09-27(c)(3)

Nor was the ALJ required to discuss each of the factors set forth in 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 requires an ALJ to consider a claimant’s symptom testimony, including pain and workplace limitations, and permits consideration of objective medical evidence but forbids rejecting testimony solely because objective evidence does not affirmatively substantiate it.

Seaman v. Commissioner Social Security Administration · filed 2020-01-22(a), (c)(2)

An ALJ must consider a claimant’s symptom testimony, including statements regarding pain and workplace limitations. See 20 CFR §§ 404.1529(a), 416.929(a). ... It is proper for the ALJ to consider the objective medical evidence in making a credibility determination. 20 C.F.R. §§ 404.1529(c)(2); 416.929(c)(2). However, an ALJ may not make a negative credibility finding “solely because” the claimant’s symptom testimony “is not substantiated affirmatively by objective medical evidence.”

Section 404.1529(c) requires an ALJ evaluating a claimant's symptoms to consider daily activities, symptom frequency and intensity, medication dosage and side effects, treatment, aggravating factors, and resulting functional restrictions.

Schunke v. Commissioner of Social Security · filed 2020-01-23(c)

An ALJ’s analysis should consider the claimant’s daily activities; the frequency and intensity of his symptoms; the dosage and side effects of medications; non-medication treatment; factors that aggravate the condition; and functional restrictions that result from or are used to treat the claimant’s symptoms. 20 C.F.R. § 404.1529(c); SSR 16-3p.

Section 404.1529(c)(3)–(4) directs an ALJ to account for reported symptom-related limitations when reasonably consistent with objective and other evidence and to assess how symptoms diminish basic work capacity based on that consistency.

Lutz v. Commissioner of Social Security · filed 2020-01-23(c)(3), (c)(4)

“Because symptoms, such as pain, are subjective and difficult to quantify, any symptom-related functional limitations and restrictions which you . . . report, which can reasonably be accepted as consistent with the objective medical evidence and other evidence, will be taken into account as explained in paragraph (c)(4) of this section in reaching a conclusion as to whether you are disabled.” 20 C.F.R. § 404.1529(c)(3). See also 20 C.F.R. § 404.1529(c)(4) (“Your symptoms . . . will be determined to diminish your capacity for basic work activities to the extent [they] can reasonably be accepted as consistent with the . . . evidence.”). ... The Commissioner’s response confounds the ALJ’s regulatory obligation to determine whether specific allegations can be accepted as reasonably consistent with the record with a similar sounding but impermissible finding that Plaintiff’s overall allegations are “inconsistent” with the overall record. The latter is clearly prohibited by SSR 16-3p which states it is not sufficient for an adjudicator to allude to the regulatory factors, make conclusory statements about facts supporting a forgone conclusion against the claimant, and make generalized conclusions that “the individual's statements about his or her symptoms have been considered" and "the statements about the individual's symptoms are (or are not) supported or consistent." SSR 16-3p. In contrast, the ruling clearly requires articulation of “specific reasons for the weight given to the individual's symptoms” that are “consistent with and supported by the evidence” with conclusions directly related to the symptoms and limitations the individual alleged.

Section 404.1529(c) directs an ALJ to consider the entire case record, including objective medical evidence, statements, daily activities, treatment, medications, relief measures, and other factors, when evaluating the intensity, persistence, and limiting effects of symptoms.

SOLOMON v. BERRYHILL · filed 2020-01-29(c)

Additionally, the ALJ will also consider daily activities; the location, duration, frequency, and intensity of pain or other symptoms; factors that precipitate and aggravate the symptoms; the type, dosage, effectiveness, and side effects of any medication an individual takes or has taken to alleviate pain or other symptoms; treatment, other than medication, an individual receives or has received for relief of pain or other symptoms; any measures other than treatment an individual uses or has used to relieve pain or other symptoms; and any other factors concerning an individual’s functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. §§404.1529(c), 416.929(c). ... The ALJ in this case cites to 20 C.F.R. §404.1529 and while she cites to SSR 96-4p, a reading of the opinion demonstrates that the opinion is consistent with and followed the essence of SSR16-3p. ... The ALJ applied the two-part test to the individual facts of this case using the factors set forth above. Id. Thus, I find no merit to this argument.

Section 404.1529(c)(3) permits an ALJ to consider treatment history and medication when evaluating whether a claimant’s alleged symptoms affect her capacity to work.

Mayben v. Berryhill · filed 2020-02-04(c)(3)

The ALJ also properly considered that the treatment to relieve Mayben’s alleged symptoms has been mild. See 20 C.F.R. § 404.1529(c)(3) (ALJ may consider treatment history and medication in determining whether claimant’s alleged symptoms affect her capacity to work).

Section 404.1529 requires an ALJ evaluating a claimant’s symptoms, including pain, to compare them with objective and other evidence, consider relevant factors and conflicts, and not treat symptom statements alone as establishing disability.

Hodge v. Social Security Administration · filed 2020-02-04

Pursuant to 20 C.F.R. § 404.1529 (a), when evaluating a claimant’s subjective complaints an ALJ should consider all symptoms, including pain, and determine “the extent to which symptoms are consistent with the objective medical evidence and other evidence in the record.” See also SSR 16-3p, 2017 WL 5180304. The Regulation’s reference to “other evidence” includes information about a claimant’s prior work history, statements from medical sources or nonmedical sources, observations by Social Security employees, daily activities, courses of treatment, and medication dosages, types and effectiveness, to name just a few factors outlined for consideration. 20 C.F.R. § 404.1529 (c)(3). In her assessment, the ALJ is tasked with looking for conflicts between a claimant’s statements and the evidence in the record, including the objective medical evidence. However, “[s]tatements about [] pain and other symptoms will not alone establish [disability].” 20 C.F.R. § 404.1529 (a) (alteration made). ... In short, having considered all of the relevant factors in 20 C.F.R. § 404.1529, the ALJ found that not all of Ms. Hodge’s symptoms were “consistent with the objective medical evidence and other evidence in the record.” In this determination, the ALJ provided a discussion and analysis that was “closely and affirmatively linked to ... substantial evidence and not just a conclusion in the guise of findings.” Huston, 838 F.2d at 1133. As a result, the Court finds that the ALJ did not commit an error of law in her assessment of Ms. Hodge’s allegations, and the assessment is supported by substantial evidence.

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

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

While an ALJ must consider a plaintiff’s representations about her symptoms and limitations, her statements about her “pain or other symptoms will not alone establish that” she is disabled. 20 C.F.R. § 404.1529(a). ... However, absent affirmative evidence that the claimant is malingering, the ALJ’s reasons for rejecting the claimant’s testimony must be clear and convincing.

Section 404.1529 requires an ALJ to first determine whether a medically determinable impairment could produce the alleged symptom and then evaluate the symptom’s intensity, persistence, and functionally limiting effects.

Thornton v. Commissioner of Social Security · filed 2020-02-11

This assessment should reflect a two-step analysis. See 20 C.F.R. §§ 404.1529, 416.929.2 First, the ALJ must determine whether the evidence reflects that the claimant has a medically determinable impairment or impairments that could produce the relevant symptom. See id. Next, the ALJ must evaluate “the intensity, persistence, or functionally limiting effects of [the] symptom[s].” Id.

Section 404.1529(c)(2) allows objective medical findings to inform an ALJ’s assessment of symptom intensity and persistence, and § 404.1529(c)(3) requires consideration of factors including daily activities, medication effectiveness, and treatment other than medication.

Miller v. Commissioner of Social Security Administration · filed 2020-02-12(c)(2)-(3)

In addition, the Regulations list a variety of factors an ALJ must consider in evaluating the severity of symptoms, including a claimant’s daily activities; the effectiveness of medication; and treatment other than medication. 20 C.F.R. § 404.1529(c)(3); SSR 16–3p; but see Ewing v. Astrue, No. 1:10–cv–1792, 2011 WL 3843692, at *9 (N.D. Ohio Aug. 12, 2011), adopted, 2011 WL 3843703 (suggesting that although an ALJ is required to consider such factors, he or she is not required to discuss every factor within the written decision). ... Specifically, the ALJ reasonably discounted Plaintiff’s allegations on the grounds that the objective evidence did not support her subjective complaints. See 20 C.F.R. § 404.1529(c)(2) (objective medical findings are useful in assessing the intensity and persistence of a claimant’s symptoms); SSR 16-3P (“A report of minimal or negative findings or inconsistencies in the objective medical evidence is one of the many factors we must consider in evaluating the intensity, persistence, and limiting effects of an individual’s symptoms.”); Moruzzi v. Comm’r of Soc. Sec., 759 F. App’x 396, 404 (6th Cir. 2018) (affirming ALJ’s decision to discount plaintiff’s subjective complaints regarding the severity of pain from her physical impairments in part due to lack of confirming objective evidence); see also Isaacs v. Comm’r of Soc. Sec., No. 1:12-CV-591, 2013 WL 4067812, at *15 (S.D. Ohio Aug. 12, 2013), report and recommendation adopted, 2013 WL 4833670 (S.D. Ohio Sept. 10, 2013) (citing Jones v. Sec’y, Health and Human Servs., 945 F.2d 1365, 1369–1370 (6th Cir.1991)) (reliable objective evidence of pain includes medical evidence of muscle atrophy, reduced joint motion, muscle spasm and sensory and motor disruption).

Section 404.1529 requires an ALJ to consider specified factors when evaluating a claimant's symptoms.

Rosales v. Commissioner of Social Security · filed 2020-02-18

SSR 16-3p continues to require the ALJ to consider the factors set forth in the applicable regulation, 20 C.F.R. § 404.1529. Ibid. at *10. ... Social Security regulations and Seventh Circuit cases “taken together, require an ALJ to articulate specific reasons for discounting a claimant's testimony as being less than credible, and preclude an ALJ from ‘merely ignoring’ the testimony or relying solely on a conflict between the objective medical evidence and the claimant's testimony as a basis for a negative credibility finding.” Schmidt v. Barnhart, 395 F.3d 737, 746-747 (7th Cir. 2005), and cases cited therein.

Section 404.1529 requires an ALJ to consider the regulation's specified factors when evaluating a claimant's symptoms.

Payne v. Commissioner of Social Security · filed 2020-02-18

SSR 16-3p continues to require the ALJ to consider the factors set forth in the applicable regulation, 20 C.F.R. § 404.1529. Ibid., at *10. ... The ALJ cited the correct standard at Tr. 59 and discussed the relevant factors in assessing plaintiff’s allegations.

Section 404.1529(c)(3) makes treatment effectiveness, including a claimant’s favorable response to medication, a relevant factor in determining the severity and disabling effects of symptoms.

Estrada v. Saul · filed 2020-02-19(c)(3)

The effectiveness of treatment is a relevant factor in determining the severity of a claimant’s symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); see Warre v. Comm’r of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006) (conditions effectively controlled with medication are not disabling for purposes of determining eligibility for benefits) (internal citations omitted); see also Tommasetti, 533 F.3d at 1040 (a favorable response to treatment can undermine a claimant’s complaints of debilitating pain or other severe limitations).

Section 404.1529(c) requires an ALJ to use a two-part process when evaluating a claimant's statements about symptoms: determine whether a medically determinable impairment could produce the alleged symptoms, then assess their intensity, persistence, and functional limitations using objective medical and other evidence, including the listed symptom-related factors.

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

The regulations and SSR 16-3p describe a two-part process for evaluating an individual’s statements about symptoms, including pain. First, the ALJ must determine whether a claimant ... has a medically determinable physical or mental impairment that can reasonably be expected to produce the symptoms alleged; second, the ALJ must evaluate the intensity, persistence, and functional limitations of those symptoms by considering objective medical and other evidence, including: (1) daily activities; (2) the location, duration, frequency, and intensity of pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication taken to alleviate pain or other symptoms; (5) treatment, other than medication, received for relief of pain or other symptoms; (6) any measures used to relieve pain or other symptoms; and (7) other factors concerning functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304, *3-8. ... In this case, the ALJ conducted a thorough review of the record and properly evaluated plaintiff's subjective complaints in accordance with 20 C.F.R. § 404.1529(c) and SSR 16-3p.

Section 404.1529(c)(3) does not require an ALJ to discuss a claimant's work history when evaluating subjective claims.

Albright v. Berryhill · filed 2020-02-12(c)(3)

Moreover, the applicable regulations and the caselaw of this court do not require the ALJ to discuss work history.

Section 404.1529 requires an ALJ to consider the regulatory factors when evaluating a claimant's symptoms.

Phillips v. Commissioner of Social Security · filed 2020-02-21

SSR 16-3p continues to require the ALJ to consider the factors set forth in the applicable regulation, 20 C.F.R. § 404.1529.

Section 404.1529(c)(3) requires the ALJ to consider a claimant's statements about the intensity, persistence, and limiting effects of symptoms when assessing residual functional capacity.

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

The court agrees with Pratt that the ALJ was required to consider her subjective testimony regarding the intensity, persistence, and limiting effects of her symptoms in assessing her RFC.

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

DeJesus v. Berryhill · filed 2020-03-09(c)(3)

In considering a claimant’s symptoms that allegedly limit his or her ability to work, the ALJ must first determine “whether there is an underlying medically determinable physical or mental impairment(s) —i.e., an impairment(s) that can be shown by medically acceptable clinical and laboratory diagnostic techniques — that could reasonably be expected to produce the claimant’s pain or other symptoms.” 20 C.F.R. § 404.1529(c)(1). If such an impairment is found, the ALJ must next evaluate the “intensity, persistence, and limiting effects of the claimant’s symptoms to determine the extent to which they limit the claimant’s functional limitations.” 20 C.F.R. § 404.1529(c)(1). ... As explained above, the ALJ did not engage the required analysis for determining the credibility of a claimant’s symptoms and their limiting effects as required by 20 C.F.R. §§ 404.1529 and 416.929(c)(3).

Section 404.1529 requires an ALJ to use a two-step process: first determine whether a medically determinable impairment could reasonably be expected to produce the alleged symptoms, then evaluate their consistency, intensity, persistence, and limiting effects against objective and other evidence.

Cooper v. Berryhill · filed 2020-03-13(a), (b), (c)

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

Section 404.1529(c)(3)(i) permits an adjudicator to consider a claimant’s daily activities when evaluating alleged symptoms.

Swanson v. Commissioner of Social Security · filed 2020-03-16(c)(3)(i)

Activities inconsistent with the alleged symptoms are proper grounds for questioning the credibility of subjective complaints. 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) requires an ALJ evaluating symptoms to consider the entire case record, including objective medical evidence, the claimant’s statements, medical-source and other statements, daily activities, treatment and medication effects, and inconsistencies with the evidence.

BROWN v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-03-16(c)

As part of an RFC analysis, an ALJ must determine the intensity, persistence, and limiting effects of an individual’s symptoms. 20 C.F.R. § 404.1529(c). In making this assessment, 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. ... Additionally, the ALJ will consider daily activities; the location, duration, frequency, and intensity of pain or other symptoms; factors that precipitate and aggravate the symptoms; the type, dosage, effectiveness, and side effects of any medication an individual takes or has taken to alleviate pain or other symptoms; treatment, other than medication, an individual receives or has received for relief of pain or other symptoms; any measures other than treatment an individual uses or has used to relieve pain or other symptoms; and any other factors concerning an individual’s functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529(c). The ALJ will also examine inconsistencies between the claimant’s statements and the evidence presented. Id.

Section 404.1529(c)(3)(i) permits an ALJ to consider a claimant’s daily activities when evaluating the credibility of the claimant’s subjective complaints.

Carlisle v. Saul · filed 2020-03-19(c)(3)(i)

Carlisle is incorrect, as the Social Security regulations clearly allow consideration of a claimant’s “daily activities” in evaluating the credibility of the claimant’s subjective complaints. See 20 C.F.R. §§ 404.1529(c)(3)(i), 416.929(c)(3)(i).

Section 404.1529(c)(3) directs adjudicators to consider seven factors, including daily activities and the location, duration, frequency, and intensity of symptoms, when evaluating their intensity, persistence, and limiting effects.

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

In evaluating the intensity, persistence, and limiting effects of an individual’s symptoms, factors to be considered include: (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); SSR 16-3p, 2017 WL 5180304, at *7-8. ... The Court’s review of the record supports the ALJ’s finding that Plaintiff’s statements about the intensity, persistence, and limiting effects of his symptoms were inconsistent with the evidence of record, which did “not support a finding of disability.” (T. 14.)

Section 404.1529 provides the governing three-step framework for evaluating a claimant's allegations of symptoms.

Rice v. Social Security Administration, Commissioner of · filed 2020-03-24

The three-step framework set out in Luna, based on 20 C.F.R. § 404.1529 (2017) is still the proper standard to be used as explained in the regulations in effect on April 24, 2018, when this case was decided.

Section 404.1529 requires an ALJ to first determine whether a medically determinable impairment could reasonably be expected to produce the alleged symptoms and then assess whether the symptoms are consistent with objective and other evidence, including statements about the claimant’s limitations and daily activities.

Cushman v. Commissioner of Social Security · filed 2020-03-26(b), (c)

The regulations provide the following two-step process for an ALJ to apply when assessing a claimant’s subjective complaints of pain and other limitations: At the first step, the ALJ must decide whether the claimant suffers from a medically determinable impairment that could reasonably be expected to produce the symptoms alleged. . . . That requirement stems from the fact that subjective assertions of pain alone cannot ground a finding of disability. . . . If the claimant does suffer from such an impairment, at the second step, the ALJ must consider the extent to which [the claimant’s] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence of record. . . . The ALJ must consider [s]tatements [the claimant] or others make about [her] impairment(s), [her] restrictions, [her] daily activities, [her] efforts to work, or any other relevant statements [she] make[s] to medical sources during the course of examination or treatment, or to [the agency] during interviews, on applications, in letters, and in testimony in [its] administrative proceedings.

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

Donofrio v. Berryhill · filed 2020-03-27(c)(3)

To evaluate testimony regarding symptoms, such as pain, the ALJ considers the following factors: (1) the individual’s daily activities; (2) the location, duration, frequency, and intensity of the pain; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication; (5) treatment, other than medication, for relief of pain or other symptoms; (6) any measures taken to relieve the pain or other symptoms; and (7) other factors concerning functional limitations and restrictions, as relevant. 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 requires objective medical evidence supporting a disabling condition and directs the ALJ to consider daily activities, medication side effects, and other functional-limitations factors when evaluating a claimant’s symptoms.

MacNeil v. Social Security Administration, Commissioner · filed 2020-03-30

A claimant’s statements about his pain will not suffice to establish a disability exists. 20 C.F.R. § 404.1529(b). Instead, “[t]here must be objective medical evidence from an acceptable medical source” that would allow the ALJ to find he is disabled. 20 C.F.R. § 404.1529(a). The ALJ will also consider factors such as: the claimant’s daily activities, side effects of the claimant’s medication, and other factors concerning functional limitations. See 20 C.F.R. § 404.1529(c)(3)(i-vii). See also SSR 16-3P, 2017 WL 5180304 at *6-8. A “claimant 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 pain; or (b) that the objectively determined medical condition can give rise to the claimed pain” to establish a disability based on pain. Wilson v. Barnhart, 284 F.3d 1219, 1225 (11th Cir. 2002). The ALJ clearly outlined why he discounted the Plaintiff’s subjective testimony. He noted that the Plaintiff’s objective medical evidence and his reported daily activities did not support his claims. (R. 19). Substantial evidence supports the ALJ’s conclusions. The objective medical evidence after the Plaintiff’s disability onset date shows generally shows the Plaintiff exhibited normal speech and thought processes. (R. 395, 441). The medical records also provide the Plaintiff demonstrated an appropriate mood and affect. (R. 436, 447). The Plaintiff likewise reported that his medication was helping with his symptoms. (R. 438, 447). Further, the Plaintiff noted in his testimony that he was able to go grocery shopping and walk his dog. (R. 39). Accordingly, substantial evidence supports the ALJ’s decision to discredit the Plaintiff’s subjective testimony.

Section 404.1529(c) requires an ALJ evaluating a claimant’s symptoms to consider the claimant’s statements and testimony, daily activities with care, and medical evidence, among other factors.

Myers v. Commissioner of Social Security · filed 2020-03-30(c)

The ALJ considered Ms. Myers’ statements to medical providers, her testimony, her activities of daily living “with care,” see Roddy, 705 F.3d at 639, and the medical evidence of record in accordance with 20 C.F.R. § 404.1529(c). The ALJ referred to a wide variety of other factors in coming to his conclusion, which complies with the requirements of 20 C.F.R. § 404.1529(c).

Section 404.1529(c)(3) permits an ALJ assessing a claimant’s symptoms to consider factors including medication effectiveness, treatment efforts, medical-contact frequency, daily activities, credibility, and consistency with objective evidence.

Tuttle v. Social Security Administration · filed 2020-03-30(c)(3)

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

Section 404.1529 requires an ALJ to consider a claimant’s statements about symptoms, including pain, in light of all available evidence when evaluating disability.

Brown v. US Social Security Administration, Commissioner · filed 2020-03-31(a), (c)(3)

An ALJ is required to consider a claimant’s statements about his symptoms, including pain, in determining whether the claimant is disabled. 20 C.F.R. § 404.1529; Social Security Ruling (“SSR”) 16-3p, 2016 WL 1119029; Coskery, 892 F.3d at 4. “In evaluating the intensity and persistence of [the claimant’s] symptoms, including pain, [the ALJ] will consider all of the available evidence, including [the claimant’s] medical history, the medical signs and laboratory findings, and statements about how [the claimant’s] statements affect [him].” § 404.1529(a); see also § 404.1529(c)(3).

Section 404.1529(c) permits an ALJ, when evaluating a claimant's statements, to consider the type, dosage, effectiveness, and side effects of medication.

(SS) Michael G. Valdez v. Commissioner of Social Security · filed 2020-04-13(c)

When evaluating a claimant’s statements, the ALJ may consider “the type, dosage, effectiveness, and side effects of any medication.” 20 C.F.R. §§ 404.1529(c), 416.929(c). The treatment a claimant received, especially when conservative, is a legitimate consideration in a credibility finding.

Section 404.1529(c)(3)(iv) requires an ALJ to consider the type, dosage, effectiveness, and side effects of medication when evaluating a claimant’s symptoms.

Lehman v. Commissioner of Social Security · filed 2020-04-13(c)(3)(iv)

The record reflects that the ALJ addressed plaintiff’s medication (including injections) in determining her residual functional capacity (RFC). ... The ALJ adequately addressed plaintiff’s medication usage as required by 20 C.F.R. § 404.1529. Accordingly, this claim of error is denied.

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

Antoine v. Saul · filed 2020-04-14(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. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304, at *5, 7-8 (Oct. 25, 2017).

Section 404.1529(c) requires an ALJ, when evaluating a claimant's symptom testimony and statements about symptom intensity, persistence, and limiting effects, to consider all available evidence.

Gilliland v. Social Security Administration, Commissioner · filed 2020-04-15(c)

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

Section 404.1529(a) requires an ALJ evaluating symptoms to consider all available evidence, including the claimant's medical history, medical signs and laboratory findings, and statements about how the symptoms affect the claimant.

Doleman v. Saul · filed 2020-04-29(a)

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

Section 404.1529(c)(2) permits an ALJ to consider objective medical evidence when assessing the severity and disabling effects of a claimant’s symptoms, but it cannot be the sole basis for rejecting symptom testimony.

Ligon v. Commissioner of Social Security Administration · filed 2020-05-08(c)(2)

While symptom testimony “cannot be rejected on the sole ground that it is not fully corroborated by objective medical evidence, the medical evidence is still a relevant factor in determining the severity” and disabling effects of the symptoms. Rollins, 261 F.3d at 857 (citing 20 C.F.R. § 404.1529(c)(2)). The ALJ did not commit harmful error in concluding that the medical evidence undermined Plaintiff’s testimony of the severity of her symptoms.

Section 404.1529 permits an adjudicator to consider a claimant's work record when assessing reported symptoms.

Lara v. Saul · filed 2020-05-13

Lastly, evidence of a poor work history that suggests a claimant is not motivated to work is a permissible reason to discredit a claimant’s claim that he is unable to work. Here, the ALJ’s finding that Plaintiff’s earning records suggests that the source of unemployment is something other than the mental conditions alleged is rational and supported by substantial evidence and a clear and convincing reason to discount Plaintiff’s symptom claims. ... 20 C.F.R. § 404.1529 (work record can be considered in assessing reported symptoms); 20 C.F.R. § 416.929 (same).

Section 404.1529(c)(3) requires an ALJ evaluating symptoms to consider daily activities, treatment, medical evidence, and other relevant evidence when assessing their limiting effects.

Avery v. Commissioner of Social Security · filed 2020-05-14(c)(3)

The ALJ complied with the regulations by: (1) recognizing that Avery’s symptoms may not be fully supported by objective medical evidence; (2) considering all of her impairments – including her fibromyalgia – in light of the medical and other evidence in the record; and (3) clearly explaining that she rejected Avery’s subjective symptom complaints because her testimony concerning the intensity, persistence, and limiting effects of her symptoms was not consistent with her daily activities, the intermittent treatment she sought and the medical evidence. 20 C.F.R. §§ 404.1520(e), 404.1529(c)(3), 416.920(e), 416.929(c)(3); SSR 96-8p, 1996 SSR LEXIS 5; SSR 16-3p, 2016 SSR LEXIS 4; SSR 02-1p, 2002 LESIS 1 at *18; Felisky, 35 F.3d at 1036; (Tr. 17-19).

Section 404.1529(c)(3) treats the effectiveness of treatment as a relevant factor in determining the severity of a claimant’s symptoms.

Knowles v. Saul · filed 2020-05-15(c)(3)

The effectiveness of treatment is a relevant factor in determining the severity of a claimant’s symptoms.

Section 404.1529(c)(2) treats medical evidence as a relevant factor in determining the severity and disabling effects of a claimant’s pain, but does not permit rejecting pain testimony solely because objective medical evidence does not support the alleged degree of pain.

de Cazarez v. Commissioner of Social Security · filed 2020-05-19(c)(2)

An ALJ may not discredit a claimant’s pain testimony and deny benefits solely because the degree of pain alleged is not supported by objective medical evidence. Rollins v. Massanari, 261 F.3d 853, 857 (9th Cir. 2001); Bunnell v. Sullivan, 947 F.2d 341, 346-47 (9th Cir. 1991); Fair v. Bowen, 885 F.2d 597, 601 (9th Cir. 1989). However, the medical evidence is a relevant factor in determining the severity of a claimant’s pain and its disabling effects. Rollins, 261 F.3d at 857; 20 C.F.R. § 404.1529(c)(2).

Sections 404.1529(a)–(b) require an ALJ first to determine whether the medical record supports an impairment reasonably capable of producing the alleged symptoms and then to evaluate their intensity, persistence, and limiting effects.

Andriaccio v. Commissioner of Social Security · filed 2022-03-01(a)–(b)

The ALJ followed the two-step process for determining medically determinable mental impairments, first assessing the medical records to find if would reasonably be expected to produce Plaintiff’s pain or other symptoms and, second, evaluating the intensity, persistence, and limiting effects of her symptoms (R. at 15), 20 C.F.R. §§ 404.1529(a)-(b), 416.929(a)-(b).

Section 404.1529 uses a two-step process that first asks whether an impairment could reasonably produce the alleged symptoms and then evaluates their intensity, persistence, and effect on work capacity.

Porter v. Commissioner of Social Security · filed 2022-03-03(a), (c)

The regulations set forth a two-step process for evaluating a claimant’s subjective reports of symptoms, including pain. 20 C.F.R. § 404.1529; see also SSR 16-3p4. First, the ALJ determines whether the claimant has a medically determinable impairment that could reasonably be expected to produce the pain or other symptoms alleged. § 404.1529(a). Second, if the claimant has such a medically determinable impairment, the ALJ evaluates the intensity and persistence of the claimant’s symptoms and determines the extent to which those symptoms limit the claimant’s capacity to work. § 404.1529(c).

Section 404.1529 uses a two-step process that first asks whether an impairment could reasonably produce the alleged symptoms and then evaluates their intensity, persistence, and effect on work capacity.

MECOUCH v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-03-22(a), (c)

Specifically, an ALJ must follow a two-step process in evaluating a claimant’s subjective complaints. SSR 16-3p, 2016 WL 1119029 (March 16, 2016). First, the ALJ “must consider whether there is an underlying medically determinable physical or mental impairment(s) that could reasonably be expected to produce an individual’s symptoms, such as pain.” Id. “Second, once an underlying physical or mental impairment(s) that could reasonably be expected to produce an individual’s symptoms is established, [the ALJ] evaluate[s] the intensity and persistence of those symptoms to determine the extent to which the symptoms limit an individual’s ability to perform work-related activities[.]”

Sections 404.1529(b) and (c)(1) use a two-step process that first requires an impairment reasonably capable of producing the alleged symptoms and then assesses their intensity, persistence, and effect on work using all available evidence.

Gigon v. Commissioner of Social Security · filed 2022-03-29(b), (c)(1)

First, there must be objective medical evidence showing the existence of a medical impairment(s) which results from anatomical, physiological, or psychological abnormalities and which could reasonably be expected to produce the pain or other symptoms alleged. ... Second, if Plaintiff has shown such objective medical evidence, an ALJ must assess “the intensity and persistence of the claimant’s pain[ ] and the extent to which it affects her ability to work.” ... This assessment must take into account: not only the claimant’s statements about his or her pain, but also “all the available evidence,” including the claimant’s medical history, medical signs, and laboratory findings; any objective medical evidence of pain (such as evidence of reduced joint motion, muscle spasms, deteriorating tissues, redness, etc.); and any other evidence relevant to the severity of the impairment, such as evidence of the claimant’s daily activities, specific descriptions of the pain, and any medical treatment taken to alleviate it.

Sections 404.1529(b) and (c)(1) require a two-step process that first identifies an impairment reasonably capable of producing the alleged symptoms and then evaluates their intensity, persistence, and effect on work.

Vezina v. Commissioner of Social Security · filed 2022-04-01(b), (c)(1)

First, the ALJ must determine whether the record demonstrates that plaintiff suffers from a “medically determinable impairment that could reasonably be expected to produce [plaintiff’s] symptoms, such as pain.” 20 C.F.R. §404.1529(b). Second, the ALJ must assess the credibility of plaintiff’s complaints regarding “the intensity and persistence of [plaintiff’s] symptoms” to “determine how [the] symptoms limit [plaintiff’s] capacity for work.” 20 C.F.R. §404.1529(c)(1).

Section 404.1529 uses a two-part symptom analysis that first requires objective evidence of an impairment reasonably capable of producing the alleged symptoms and then requires review of the entire record to assess intensity, persistence, and work effects.

EMERSON v. KIJAKAZI · filed 2022-04-04

Social Security Ruling 16-3p, Titles II and XVI: Evaluation of Symptoms in Disability Claims, 2017 WL 5180304, at *5 (Oct. 25, 2017) (“SSR 16-3p”) (consistent with the Commissioner’s regulations) adopts a two-part test for evaluating a claimant’s statements about symptoms. ... First, the ALJ “must consider whether there is an underlying medically determinable physical or mental impairment(s) that could reasonably be expected to produce an individual’s symptoms, such as pain.” ... Upon satisfaction of part one by the claimant, the analysis proceeds to part two, which requires an assessment of the intensity and persistence of the claimant’s symptoms, as well as the extent to which those symptoms affect his or her ability to work.

Sections 404.1529(b)–(c) require the ALJ first to determine whether a medically determinable impairment could reasonably produce the alleged symptoms and then to assess their intensity, persistence, and effect on work.

DRUMM v. SAUL · filed 2022-05-03(b), (c)

In assessing symptoms, the ALJ must determine whether there is a “medically determinable impairment” that “could reasonably be expected to produce” the symptoms and then assess their “intensity and persistence” and the extent to which they limit the claimant’s ability to work.

Section 404.1529 requires the ALJ to consider all symptoms, determine whether an impairment could reasonably produce them, and then evaluate their intensity, persistence, and limiting effects.

Rivera v. Saul · filed 2022-05-05(a), (b), (c)

At this intermediate step, the ALJ examines all of the claimant’s symptoms and “the extent to which [they] can reasonably be accepted as consistent with the objective medical evidence and other evidence.” 20 C.F.R. § 404.1529(a). This involves a two-step inquiry in which the ALJ must (1) determine whether an underlying medically determinable mental impairment or impairments could reasonably be expected to produce the claimant’s symptoms; and, if so, (2) evaluate the intensity, persistence, and limiting effects of the claimant’s symptoms to determine the extent to which they limit the claimant’s functional limitations.

Section 404.1529 uses a two-step process that first asks whether an impairment could reasonably produce the alleged symptoms and then evaluates their intensity, persistence, and effect on work capacity.

GARCIA v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-05-09(a), (c)

Specifically, an ALJ must follow a two-step process in evaluating a claimant’s subjective complaints. SSR 16-3p, 2016 WL 1119029 (March 16, 2016). First, the ALJ “must consider whether there is an underlying medically determinable physical or mental impairment(s) that could reasonably be expected to produce an individual’s symptoms, such as pain.” Id. “Second, once an underlying physical or mental impairment(s) that could reasonably be expected to produce an individual’s symptoms is established, [the ALJ] evaluate[s] the intensity and persistence of those symptoms to determine the extent to which the symptoms limit an individual’s ability to perform work-related activities[.]”

Sections 404.1529(a)–(b) use a two-step process that first asks whether an impairment could reasonably produce the alleged symptoms and then evaluates how the symptoms affect the ability to work.

Sullivan v. Kijakazi · filed 2022-06-01(a), (b)

The evaluation of symptoms involves a two-step process. First, the ALJ must determine, based upon the objective medical evidence, whether the medical impairments “could reasonably be expected to produce the pain or other symptoms alleged . . . .” ... If so, at the second step, the ALJ must consider “‘the extent to which [the claimant’s] alleged functional limitations and restrictions due to pain or other symptoms can reasonably be accepted as consistent with the [objective medical evidence] and other evidence to decide how [the claimant’s] symptoms affect [her] ability to work.’”

Sections 404.1529(b) and (c)(1) require an ALJ first to determine whether an impairment could reasonably produce alleged symptoms and then to evaluate how those symptoms limit work capacity using all available evidence.

Waters v. Commissioner of Social Security · filed 2022-06-06(b), (c)(1)

First, the ALJ must determine whether objective evidence shows the existence of a medical impairment that could reasonably be expected to produce the actual alleged symptoms. ... Once the claimant makes that threshold showing, the ALJ must then evaluate the extent to which the symptoms limit the claimant’s capacity to work. ... At this second step, the ALJ must consider all of the available evidence, including medical history, objective medical evidence, and statements by the claimant.

Sections 404.1529(a)–(b) require a two-step framework that first determines whether an impairment could reasonably produce alleged symptoms and then assesses their consistency with objective and other record evidence.

Collado v. Commissioner of Social Security · filed 2022-06-06(a), (b)

The ALJ must follow a two-step framework for evaluating allegations of pain and other limitations. Id. First, the ALJ considers whether the claimant suffers from a “medically determinable impairment that could reasonably be expected to produce” the symptoms alleged. ... “If the claimant does suffer from such an impairment, at the second step, the ALJ must consider ‘the extent to which [the claimant’s] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence’ of record.”

Section 404.1529(a) requires an ALJ to consider a claimant's symptom statements and explain their evaluation sufficiently to permit meaningful judicial review.

Tyndall v. Commissioner of Social Security · filed 2023-10-31(a)

The ALJ is required to consider a claimant’s statements about her symptoms, 20 C.F.R. § 404.1529(a), S.S.R. 16-3p, and the ALJ’s failure to explain how he evaluated Claimant’s statements hampers the court’s ability to conduct a meaningful review.

When an ALJ decides how much weight to give subjective complaints under § 404.1529, the ALJ must state the reasons for that decision.

LIOTTI v. COMMISSIONER OF SOCIAL SECURITY · filed 2023-11-29

When determining whether to give weight to subjective complaints under 20 C.F.R. § 404.1529, the ALJ must set forth his reasons for doing so.

Section 404.1529 requires an RFC assessment to consider all symptoms, including pain, to the extent reasonably consistent with objective and other evidence.

Wesley v. Commissioner of Social Security · filed 2024-03-20

In making the RFC assessment, the ALJ must consider all symptoms, including pain, and the extent to which these symptoms can be reasonably accepted as consistent with objective medical evidence and other evidence. See 20 C.F.R. § 404.1529; SSR 16-3P, 2017 WL 5180304, at *2 (S.S.A. Oct. 25, 2017); SSR 96-8p, 1996 WL 374184, at *5.

Section 404.1529 requires an RFC assessment to consider all symptoms, including pain, to the extent reasonably consistent with objective and other evidence.

Penkal v. Social Security · filed 2024-04-30

In making this finding, the ALJ must consider all the symptoms, including pain, and the extent to which the symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence. 20 C.F.R. §§ 404.1529 and 416.929; SSRs 96-4p, 96-7p.

Section 404.1529 requires determining whether an impairment reasonably affects RFC and the extent of that effect.

Su Y v. O'Malley · filed 2024-07-11

As part of the process to decide whether a claimant can perform alternative forms of employment at step five, the ALJ must determine whether the underlying impairment would reasonably affect the claimant’s RFC and the extent of that capacity. 20 CFR § 404.1529 (2024).

Section 404.1529 requires a two-step symptom evaluation: the ALJ must first determine whether a medically determinable impairment could reasonably cause the alleged symptoms and then assess their intensity, persistence, and limiting effects, considering other record evidence when objective medical evidence does not substantiate the claimant’s statements.

Landers, Gwen v. O'Malley, Martin · filed 2024-12-02(b), (c)

An ALJ uses a two-step method for evaluating a claimant’s alleged symptoms. First, the ALJ must find that a medically determinable physical or mental impairment could reasonably be expected to cause the allege symptoms. 20 C.F.R. § 404.1529(b). The ALJ found this to be the case regarding plaintiff’s fibromyalgia. AR. 29. Second, once a medically determinable impairment is found, the ALJ must evaluate the intensity, persistence, and limiting effects of the symptoms to determine the extent to which they limit a claimant’s work-related activities. § 404.1529(c). In doing so, if a claimant makes statements that cannot be substantiated by objective medical evidence, then the ALJ must consider other evidence in the record. Id.

Section 404.1529(c)(3) requires an ALJ evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms to consider daily activities, symptom characteristics and triggers, medication and its effects, and other treatment.

Donnell v. Dudek · filed 2025-03-28(c)(3)

“Social Security Ruling 16-3p explains factors to consider in evaluating the intensity, persistence, and limiting effects of an individual’s symptoms.” Wilder v. Kijakazi, 22 F.4th 644, 653 (7th Cir. 2022) (citing SSR 16-3p, 2017 WL 5180304 (Oct. 25, 2017); 20 C.F.R. § 404.1529). These factors include daily activities; the location, duration, frequency, and intensity of symptoms; factors that precipitate and aggravate the symptoms; the type, dosage, effectiveness, and side effects of any medication an individual takes or has taken to alleviate symptoms; and treatment, other than medication, that an individual receives or has received. SSR 16-3p, 2017 WL 5180304, at *7–8; 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 requires ALJs assessing a claimant’s symptoms to use a two-step framework.

Goff v. O' Malley · filed 2025-03-26

When assessing a claimant’s symptoms under step two, “ALJs must use the two-step framework set forth in 20 C.F.R. § 404.1529 and SSR 16-3p, 2016 WL 1119029 (Mar. 16, 2016).”

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

Lawton v. Dudek · filed 2025-04-09(c)

Factors to be considered by the ALJ when evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms include: 1) daily activities; 2) the location, duration, frequency, and intensity of pain or other symptoms; 3) factors that precipitate and aggravate the symptoms; 4) the type, dosage, effectiveness, and side effects of any medication the claimant takes or has taken to alleviate pain or other symptoms; 5) treatment, other than medication, the claimant receives or has received for relief of pain or other symptoms; 6) any non-treatment measures the claimant uses or has used to relieve pain or other symptoms; and 7) any other factors concerning the claimant’s functional limitations and restrictions due to pain ... or other symptoms. 20 C.F.R. §§ 404.1529(c), 416.929(c); Ghanim v. Colvin, 763 F.3d 1154, 1163 (9th Cir. 2014); SSR 16-3p at *7.

Section 404.1529 requires a two-step symptom evaluation: determine whether a medically determinable impairment could cause the alleged symptoms, then assess the symptoms in light of the entire administrative record.

Reep v. O'Malley · filed 2025-05-27(b)–(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. ... In sum, Reep’s arguments are unavailing. The ALJ properly considered PA-C Stowell’s medical opinion, and he made no errors in evaluation of Reep’s symptom evidence.

Section 404.1529 requires a two-step evaluation of reported symptoms: determine whether a medically determinable impairment could produce them, then assess their intensity, persistence, and effect on work-related activities.

Strickland v. Social Security Administration Commissioner · filed 2022-09-23(a)–(c)

When evaluating Ms. Strickland’s subjective reports about her symptoms and pain, the ALJ followed the two-step process required by 20 C.F.R. § 404.1529(a)–(c): (1) determining whether there is an underlying medically determinable physical or mental impairment that could reasonably be expected to produce the claimant’s pain or other symptoms; and (2) evaluating the intensity, persistence, and limiting effects of the claimant’s symptoms to determine the extent to which they limit the claimant’s work-related activities. ... The ALJ erred at this step.

Section 404.1529(a) considers a claimant’s symptoms, including pain, to the extent they are reasonably consistent with objective medical evidence and other evidence.

Hinson v. Kijakazi (CONSENT) · filed 2023-03-29(a)

In determining whether a claimant is disabled, the claimant’s symptoms, including pain, are considered to the extent that they are reasonably consistent with objective medical evidence and other evidence. 20 C.F.R. §§ 404.1529(a), 416.929(a).

Section 404.1529 requires an evaluation of the intensity, persistence, and limiting effects of a claimant’s symptoms after finding that the evidence supports them.

Scruggs v. Berryhill · filed 2019-05-08(c)(1)

First, while the Appeals Council found evidence supporting Plaintiff’s symptoms, that is only the first step of the “two-step process” used by the Commissioner when considering a claimant’s symptoms. ... Since the Appeals Council adopted the ALJ’s assessment of “the intensity, persistence, and limiting effects,” (Tr. 496), of Plaintiff’s symptoms and how they affect Plaintiff’s ability to work, Plaintiff’s argument on this point is without merit.

Section 404.1529 requires an ALJ to evaluate symptoms such as pain by considering their severity and evidence beyond medical tests.

Hung NGUYEN, Plaintiff, Appellant, v. Shirley S. CHATER, Defendant, Appellee · filed 1999-03-26

Since, following the medical advisor, the ALJ conceded that claimant’s condition was painful, his determination of residual functional capacity had to take into account the severity of claimant’s pain and the extent to which it impeded his ability to work. 20 C.F.R. § 404.1529(a) and (b); Da Rosa v. Secretary of Health and Human Services, 803 F.2d 24, 25 (1st Cir.1986). In making this assessment, the ALJ was required to consider evidence in addition to medical tests, including, inter alia, claimant’s statements, opinions of treating physicians, reports of claimant’s activities and claimant’s course of treatment. 20 C.F.R. § 404.1529(c).

Section 404.1529 requires an ALJ evaluating symptoms to consider medical evidence and specified factors affecting the claimant’s ability to work.

Beth v. Astrue · filed 2007-06-26(e)(3)

In making this determination, the ALJ must consider the medical evidence along with the claimant’s daily activities; the location, duration, frequency and intensity of the pain; precipitating and aggravating factors; the type, dosage, effectiveness and side effects of any medication the claimant uses; treatment other than medication; any measures the claimant has used to relieve the pain or other symptoms; and functional limitations and restrictions. 20 C.F.R. § 404.1529(e)(3); SSR 96-7p.

Section 404.1529(c) requires an administrative law judge to consider the whole record when evaluating a claimant’s symptoms and prohibits rejecting symptom statements solely for lack of objective medical support.

Ziegler v. Astrue · filed 2008-09-15(c)

When conducting this evaluation, the administrative law judge may not reject the claimant’s statements regarding his symptoms on the sole ground that the statements are not substantiated by objective medical evidence. Instead, the administrative law judge must consider the entire record to determine whether the individual’s statements are credible. ... In addition to the medical evidence, the administrative law judge considered other relevant factors listed in the regulation.

Section 404.1529(c)(3) requires considering specified factors when evaluating symptoms, and subsection (c)(4) makes inconsistencies with the evidence significant.

Lopez v. Astrue · filed 2011-09-06(c)(3), (c)(4)

In making judgments about the veracity of a claimant’s statements about his or her symptoms, including pain, the ALJ, in addition to considering the objective medical evidence, should consider the following in totality: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; (3) factors that precipitate and aggravate the symptoms; (4) the type, dosage, effectiveness, and side effect of any medication that the claimant takes or has taken to alleviate pain or other symptoms; (5) treatment, other than medication, the claimant receives or has received for relief of pain or other symptoms; (6) any measures other than treatment the claimant uses or has used to relieve pain or other symptoms; and (7) any other factors concerning the claimant’s functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529(c)(3)(Emphasis supplied). Inconsistencies in the evidence and the extent to which there are any conflicts between the claimant’s statements “and the rest of the evidence ” are of course significant. 20 C.F.R. §§ 404.1529(c)(4)(Emphasis supplied).

Section 404.1529(c) permits an ALJ to consider treatment gaps, daily activities, and inconsistencies in the evidence when evaluating the intensity and limiting effects of symptoms.

GARDNER v. COMMISSIONER OF SOCIAL SECUIRTY · filed 2020-05-15(c)

Lapses in treatment are one relevant factor in assessing intensity, persistence and frequency of symptoms. ... Upon review of the evidence, I find this statement is supported by substantial evidence and is not a mischaracterization of the evidence.

An ALJ evaluating a claimant’s symptoms may consider medical evidence, daily activities, symptom characteristics, aggravating factors, medication, other treatment, and measures used for relief.

Hinkle v. Bisignano · filed 2025-06-05(c)(2), (c)(3)

Factors the ALJ may consider when evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms include: 1) objective medical evidence, 2) daily activities; 3) the location, duration, ... frequency, and intensity of pain or other symptoms; 4) factors that precipitate and aggravate the symptoms; 5) the type, dosage, effectiveness, and side effects of any medication the claimant takes or has taken to alleviate pain or other symptoms; 6) treatment, other than medication, the claimant receives or has received for relief of pain or other symptoms; and 7) any non-treatment measures the claimant uses or has used to relieve pain or other symptoms.

Section 404.1529 requires an ALJ to consider the relevant factors and give specific reasons for discounting a claimant’s reported symptoms.

Toomey v. Commissioner of Social Security · filed 2020-05-19(c)

The second step in this process, which requires the ALJ to make a finding about a claimant's credibility, requires him to do so by setting forth a discussion of certain factors and “giving specific reasons for the weight accorded to the claimant’s testimony.” Matejka v. Barnhart, 386 F.Supp.2d 198, 205 (W.D.N.Y. 2005) (citing 20 C.F.R. § 404.1529). ... However, she never actually set forth her reasons. ... This was error and requires remand.

Section 404.1529 permits an ALJ to discount alleged symptoms that the record does not corroborate, while requiring consideration of evidence beyond objective medical findings alone.

Patel v. Saul · filed 2020-11-18

As to the alleged lack of evidence corroborating Plaintiff’s limitations, the ALJ is instructed by the regulations to consider the extent to which a claimant’s subjective symptoms are corroborated by the record, including the objective evidence. See 20 C.F.R. § 404.1529 (effective March 27, 2017). If a claimant’s alleged symptoms are not corroborated by the record, the ALJ is free to discount them because of the lack of corroboration. Id. What the ALJ is not supposed to do is rely solely on objective evidence. SSR 16-03p.

Section 404.1529(c)(3) requires consideration of daily activities, treatment, and other relevant factors when evaluating reported symptoms.

GLARDON v. SAUL · filed 2020-11-19(c)(3)

Those findings demonstrate that the ALJ accounted for a wide variety of the factors required under 20 C.F.R. § 404.1529.

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

Berke v. Commissioner of Social Security · filed 2020-11-20(b), (c)

This determination involves a two-step process in which the ALJ first decides whether the claimant has a medically determinable impairment that could reasonably be expected to produce the claimant’s symptoms and then evaluates the intensity and persistence of the claimant’s symptoms.

Section 404.1529(c)(3) directs the ALJ to consider daily activities, pain characteristics, medication, treatment, relief measures, and functional restrictions when evaluating symptoms.

Cox v. Saul · filed 2020-12-02(c)(3)

When evaluating a claimant’s credibility, the ALJ considers the claimant’s daily activities, location, duration, frequency, and intensity of the claimant’s pain, precipitating and aggravating factors, the type, dosage, effectiveness, and side effects of any medication taken, treatment and other medication received for relief of the pain, any measures used to relieve the pain, and any other functional restrictions. Id.; see also 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). ... Considering all of Plaintiff’s testimony, from the hearing and her Function Report, as well as her medical records, the ALJ’s credibility determination is well-supported.

Section 404.1529(c)(3) requires an ALJ to consider daily activities, the nature of symptoms, treatment, and other factors affecting a claimant’s ability to function.

Miller v. Commissioner, Social Security Administration · filed 2020-11-30(c)(3)

An ALJ is to consider the following factors relevant to a claimant’s symptoms: (1) daily activities; (2) the location, duration, frequency, and intensity of pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication taken to alleviate pain or other symptoms; (5) treatment, other than medication, received for relief of pain or other symptoms; (6) any measures used to relieve pain or other symptoms; and (7) other factors concerning functional limitations and restrictions due to pain or other symptoms.

Section 404.1529 requires an ALJ to assess symptoms using objective medical evidence and other factors, including treatment and daily activities.

Bateman v. Saul · filed 2020-12-28

In addition to objective medical evidence, ALJ must consider the factors in 20 C.F.R. § 404.1529 to assess the credibility of symptoms. ... In sum, the ALJ failed to adequately reject Plaintiff's subjective mental impairment allegations by solely relying upon Plaintiffs improvement with treatment, refusal of treatment, minimal daily activities, and unsuccessful work attempt.

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

Palmer v. Commissioner of Social Security · filed 2021-01-12(c)(3)

Here, the ALJ appeared to properly consider certain of the relevant factors. For example, the ALJ found that plaintiff’s daily activities, such as searching for work, working a part-time job, and completing a computer training program, suggested that his symptoms may not have been as severe as he reported. ... Thus, the ALJ should reconsider whether the record supports plaintiff’s statements after determining how much weight to assign to Dr. Kreizman’s opinions.

Section 404.1529(c) allows consideration of objective medical evidence, treatment, daily activities, and other measures when evaluating reported symptoms.

Walden v. Social Security Administration, Commissioner of · filed 2021-02-01(c)

These are all proper considerations when an ALJ is determining whether to credit a claimant’s subjective complaints about their symptoms.

Section 404.1529 requires an ALJ to weigh a claimant’s reported symptoms against medical evidence and other relevant evidence, including daily activities and treatment.

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

ALJs must weigh the subjective complaints, the relevant objective medical evidence, and any other evidence of the following: ... See 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); see also SSR 16-3p, 2017 WL 5180304, at *3 (Oct. 25, 2017). ... The ALJ could properly find that Plaintiff’s statements about not having falls were inconsistent with this testimony.

Section 404.1529(c)(3) requires consideration of factors such as daily activities and treatment when evaluating the intensity and persistence of a claimant’s symptoms.

Fuller v. Commissioner of Social Security · filed 2021-02-09(c)(3)

He also discussed her statements, her treatment (routine, conservative care; improved symptoms with medication), her work history (“years of successful employment”), and her reported activities of daily living (caring for her special needs daughter, among other activities). ... The ALJ did not err when assessing Fuller’s allegations regarding her symptoms.

Section 404.1529 continues to use the three-step framework for evaluating symptom allegations despite the change in terminology from credibility determinations.

Martin v. Social Security Administration, Commissioner of · filed 2021-04-22

Therefore, the three-step framework set out in Luna, based on 20 C.F.R. §§ 404.1529, 416.929 (2017) is still the proper standard to be used as explained in the regulations in effect on April 17, 2019, when this case was decided.

Section 404.1529(a) requires consideration of how symptoms affect daily activities and work, but statements about symptoms alone do not establish disability.

Trosper v. Commissioner of Social Security · filed 2021-05-10(a)

While the agency will consider descriptions from medical and nonmedical sources about a how a claimant’s symptoms affect her ability to perform daily activities and work, statements about pain or other symptoms “will not alone establish” that a claimant is disabled.

Section 404.1529(c)(3) permits consideration of daily activities and other record evidence when evaluating claimed symptom limitations.

Anderson v. Commissioner of Social Security · filed 2021-05-06(c)(3)

ALJ Mattimore properly considered plaintiff’s reported activities and determined such daily routines were inconsistent with his allegations of disabling functional limitations.

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

Pidkaminy v. Astrue · filed 2013-01-22

When assessing a claimant’s credibility, the ALJ must consider both his medical records and his reported symptoms. ... For all these reasons, the Court finds that the ALJ applied the proper legal standard in evaluating Plaintiffs credibility and that there was substantial evidence in the record to support his credibility determination.

Section 404.1529 continues to use the Luna three-step framework for evaluating a claimant’s symptoms despite the change in terminology.

Morse v. Social Security Administration, Commissioner of · filed 2019-07-15

Therefore, the three-step framework set out in Luna, based on 20 C.F.R. § 404.1529 (2017) is still the proper standard to be used as explained in the regulations in effect on June 27, 2017, when this case was decided.

Section 404.1529(c) requires an ALJ to consider factors such as daily activities, pain, medication, and treatment when evaluating symptoms and to give specific reasons for the assessment.

Gehrke v. Saul · filed 2020-01-28(c)

In evaluating a claimant’s symptoms, “an ALJ must consider several factors, including the claimant’s daily activities, h[is] level of pain or symptoms, aggravating factors, medication, treatment, and limitations, and justify the finding with specific reasons.” Villano v. Astrue, 556 F.3d 562 (7th Cir. 2009) (citations omitted); see also SSR 16-3p, 2017 WL 5180304, at *3; 20 C.F.R. § 404.1529(c). ... The Court cannot say the ALJ’s analysis was not sufficient or not supported by substantial evidence.

Section 404.1529(c)(3) requires consideration of other relevant information when reported symptoms appear more severe than objective medical evidence shows.

Womack v. Commissioner of Social Security · filed 2020-10-15(c)(3)

When, as in this case, the reported pain and/or other symptoms suggest an impairment of greater severity than can be shown by objective medical evidence, the ALJ will consider other information and factors which may be relevant to the degree of pain alleged.

Section 404.1529 requires an ALJ to assess a claimant’s symptoms using medical evidence and factors such as daily activities, treatment, and medication.

Yarger v. Commissioner of Social Security · filed 2021-09-28(c)(3)

First, the ALJ must determine whether a claimant has a medically determinable physical or mental impairment that can reasonably be expected to produce the symptoms alleged; second, the ALJ must evaluate the intensity, persistence, and functional limitations of those symptoms by considering objective medical evidence and other evidence, including: (1) daily activities; (2) the location, duration, frequency, and intensity of pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication taken to alleviate pain or other symptoms; (5) treatment, other than medication, received for relief of pain or other symptoms; (6) any measures used to relieve pain or other symptoms; and (7) other factors concerning functional limitations and restrictions due to pain or other symptoms.

Section 404.1529(c)(1) requires the ALJ to assess how the intensity and persistence of a claimant’s symptoms limit the claimant’s capacity for work, considering medical evidence, statements, and other relevant factors.

Guthrie v. Social Security Administration, Commissioner · filed 2021-11-19(c)(1)

If the record shows the claimant has a “medically determinable impairment that could reasonably be expected to produce her symptoms,” the ALJ must assess the “intensity and persistence of the symptoms in determining how they limit the claimant’s capacity for work” by considering objective medical evidence, statements by the claimant and the claimant’s doctors, and other factors related to the claimant’s daily life, medications, and treatments. Costigan, 603 F. App’x at 786 (citing 20 C.F.R. § 404.1529(c)(1)). ... Thus, these aspects of the ALJ’s decision were supported by substantial evidence, and the ALJ’s decision is not due to be reversed on this ground.

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

Bruno v. Kijakazi · filed 2021-12-03

When assessing whether a claimant’s symptoms give rise to a listed disability, the ALJ must follow a two-step process. 20 C.F.R. § 404.1529(a). First, the ALJ must decide whether there exists a medically determinable impairment that could reasonably be expected to produce the claimant’s symptoms, like pain. § 404.1529(b). Second, if such an impairment exists, the ALJ must decide the intensity, persistence, and limiting effects of the symptoms to determine how those symptoms limit the claimant’s ability to work. § 404.1529(c)(1), (4).

Section 404.1529 requires an ALJ evaluating symptoms to consider medical opinion evidence and relevant factors such as pain, medication, and treatment.

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

This conclusion is flawed because the ALJ failed to consider medical opinion evidence when evaluating the intensity, persistence, and limiting effects of Plaintiff’s symptoms.

Section 404.1529(c)(3) calls for consideration of other relevant information and factors when alleged symptoms suggest greater severity than objective medical evidence shows.

Ball v. Commissioner of Social Security · filed 2022-01-14(c)(3)

Inasmuch as the reported pain and other symptoms suggested impairments of greater severity than could be shown by objective medical evidence, ALJ Foster appropriately considered other information and factors which may be relevant to the degree of pain and other symptoms alleged (Tr. 17-21).

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

Klapp v. Commissioner of Social Security Administration · filed 2022-02-02(c)(1)

Second, the ALJ “must evaluate the intensity and persistence of [the claimant’s] symptoms so that [the ALJ] can determine how [those] symptoms limit [the claimant’s] capacity for work.” 20 C.F.R. § 404.1529(c)(1).

A claimant’s statements about pain or other symptoms alone do not establish disability; medical evidence must support the claimed limitations.

Wyatt v. Commissioner of Social Security · filed 2022-03-16(a)

Statements as to “pain or other symptoms will not alone establish that [he is] disabled.” 20 C.F.R. § 404.1529(a). ... Without medical evidence supporting Wyatt’s subjective complaints, such as the need to lie down due to headache side effects, the ALJ’s finding that Wyatt could perform jobs in the national economy, despite the vocational expert’s testimony, was supported by substantial evidence.

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

Yoap v. Kijakazi · filed 2022-03-24(c)(3)

The Social Security regulations set forth a two-step procedure for evaluating a claimant’s statements about the symptoms allegedly caused by her impairments. See 20 C.F.R. § 404.1529. ... The ALJ followed the regulations governing the assessment of a claimant’s statements concerning her symptoms when discussing Yoap’s daily activities.

Section 404.1529(a) requires the ALJ to consider all available evidence when evaluating a claimant’s symptoms.

Holcomb v. Saul · filed 2022-03-29(a)

“In evaluating the intensity and persistence of a claimant’s alleged symptoms, the ALJ is required to ‘consider all of the available evidence, including . . . medical history, the medical signs and laboratory findings, and statements about how . . . symptoms affect’ the claimant.” Falardo-Weller, 2020 WL 2542222, at *3 (quoting 20 C.F.R. § 404.1529(a)). ... Applying the above standards to the present record, we conclude that the ALJ’s analysis of Holcomb’s symptoms is supported by substantial evidence.

Section 404.1529 requires the intensity and persistence of a claimant’s symptoms to be evaluated using all available evidence.

Clayton v. Commissioner of the Social Security Administration · filed 2022-03-31(a)-(c)

The intensity and persistence of the claimant’s symptoms must be evaluated based on all the available evidence. See 20 C.F.R. §§ 404.1529(a)-(c) and 416.929(a)- (c). ... Here, the ALJ properly evaluated Plaintiff’s functional limitations and restrictions resulting from a combination of impairments.

Section 404.1529 permits a three-step evaluation of alleged symptoms: identify a medically established impairment, determine whether it could reasonably cause the symptoms, and consider all the evidence to assess their disabling effects.

Hinderliter v. Social Security Administration, Commissioner of · filed 2022-04-29

Therefore, the three-step framework set out in Luna, based on 20 C.F.R. §§ 404.1529 and 416.929 (2017) is still the proper standard to be used as explained in the regulations in effect on December 14, 2020, when this case was decided.

Section 404.1529 calls for evaluating reported symptoms against objective medical evidence and other evidence in the record; an ALJ may credit those reports only in part.

Stires v. Commissioner of Social Security · filed 2022-08-22

Therefore, she appropriately considered other record evidence under SSR 16-3p before discounting his subjectively reported symptoms. (Tr. 20). In fact, the ALJ’s analysis closely tracks relevant factors listed in 20 C.F.R. § 404.1529 and SSR 16-3p.

Section 404.1529(c) requires an ALJ to evaluate the intensity, persistence, and limiting effects of a claimant’s symptoms using the relevant evidence.

Allhiser v. Social Security Administration · filed 2022-09-22(c)

The regulations set out a two-step process for evaluating a claimant’s alleged symptoms. Lewis, 858 F.3d at 865–66; 20 C.F.R. § 404.1529. ... Accordingly, I find that ALJ Munday’s evaluation of Albert’s alleged symptoms is supported by substantial evidence.

Section 404.1529(a) requires the ALJ to consider symptom statements and descriptions from medical and other sources when assessing how symptoms affect a claimant’s ability to work.

Anthony v. Commissioner of Social Security · filed 2023-03-14(a)

In evaluating the intensity, persistence, and limiting effects of symptoms, the ALJ considers subjective statements regarding symptoms and pain, as well as any description medical sources and other nonmedical sources provide about how these symptoms affect a claimant’s ability to work. See 20 C.F.R. § 404.1529(a). ... The ALJ does not mention Dr. Legaspi’s examination on May 23, 2018, in his opinion so it is impossible for the undersigned to determine if these medical findings were considered by the ALJ or not. This failure undermines both prongs of ALJ’s two-step sequential process to create an RFC for Mr. A.

Section 404.1529(c)(3) requires an ALJ to consider factors such as daily activities, medication, and treatment when evaluating the intensity and persistence of symptoms.

Jones v. Commissioner of Social Security · filed 2023-03-15(c)(3)

Here, the ALJ complied with the relevant Social Security Rulings and Regulations regarding Plaintiff’s subjective complaints of pain before ultimately finding that Plaintiff’s “medically determinable impairments could reasonably be expected to cause the alleged symptoms” but that Plaintiff’s “statements concerning the intensity, persistence, and limiting effects of these symptoms are not entirely consistent with the medical evidence and other evidence in the record.” Tr. at 21.

Section 404.1529 governs the evaluation of a claimant’s symptoms; an ALJ need not separately analyze every alleged symptom in the decision.

Heffner v. Commissioner of Social Security · filed 2023-03-28

As the ALJ correctly noted, a Social Security regulation governs the evaluation of Plaintiff’s symptoms. 20 C.F.R. § 404.1529. ... There is no requirement that an ALJ specifically analyze each and every symptom in the decision.

Section 404.1529(c) requires consideration of a claimant’s reported symptoms alongside other evidence when assessing resulting limitations.

Stauffer v. Commissioner of Social Security · filed 2023-06-12(c)

The ALJ’s step two discussion also shows that he properly complied with agency regulations and rulings in determining the extent to which mental limitations were appropriate. 20 C.F.R. §§ 404.1529(c) and 416.929(c); see also SSR 16-3p. For example, the ALJ considered Plaintiff’s testimony about forgetting things more often and experiencing crying spells with anxiety.

An ALJ may discount allegations of disabling symptoms when the decision explains the conflicting record evidence and considers symptoms that wax and wane.

Haley v. Social Security Administration, Commissioner of · filed 2023-06-27

Plaintiff simply has not met her burden to show that the ALJ did not properly consider and explain her evaluation of Plaintiff’s allegations of disabling symptoms or to show that she did not properly consider the waxing and waning nature of inflammatory arthritis.

Section 404.1529 requires an ALJ to evaluate claimed pain using objective medical evidence and factors such as daily activities, pain intensity, medication, and measures taken for relief.

Baird v. SSA · filed 2023-08-30(c)(2), (c)(3)

In evaluating the claimant’s subjective complaints, the ALJ considers objective medical evidence, as well as other non-exhaustive factors such as evidence of daily activities, the frequency and intensity of pain, medication taken and any resulting side effects, and any other measures taken to alleviate the pain. See 20 C.F.R. §§ 404.1529(c)(2), (3), 416.929(c)(2), (c)(3). ALJ Jackson complied with the regulations by considering the record as a whole, and not just Plaintiff’s subjective complaints or cherry-picked medical findings, in fashioning Plaintiff’s RFC.

Section 404.1529(c)(3) guides the evaluation of reported symptoms against medical and other evidence.

Hunt v. Kijakazi · filed 2023-09-18(c)(3)

If a claimant makes statements about the intensity, persistence, and limiting effect of her symptoms, SSR 16-3p requires the ALJ to determine whether the statements are consistent with the medical and other evidence of record. SSR 16-3p, 2017 WL 5180304, at *8; see also 20 C.F.R. § 404.1529(c)(3) (explaining how the SSA evaluates symptoms, including pain). ... Thus, the ALJ’s finding that Plaintiff subjective reports regarding the limitations to her concentration, memory, and understanding are only partially consistent with the medical evidence is supported by substantial evidence.

Section 404.1529(c)(3) requires consideration of factors bearing on a claimant’s symptoms, but does not require a factor-by-factor recitation when the ALJ identifies the evidence supporting the assessment.

Jansen v. Social Security Administration · filed 2023-09-25(c)(3)

Claimant asserts that the ALJ failed to consider the factors in 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). As set forth above, the ALJ provided numerous reasons, supported by the record, for finding Claimant’s symptoms were not as severe or functionally limiting as alleged. The ALJ’s thorough analysis reflects that he considered the location, duration, frequency, and intensity of Plaintiff's symptoms (R. 17); precipitating and aggravating factors (Id.); the side effects of medications (R. 18); her treatment aside from medication (Id.); and other factors, including her treating providers examination findings (R. 17-18).

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

Grise v. Commissioner of Social Security · filed 2023-09-29(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 his ability to do work-related activities.

Section 404.1529 requires an ALJ evaluating a claimant’s symptoms to consider objective medical evidence and factors such as daily activities, pain, medication, and measures taken for relief.

Coleman v. SSA · filed 2023-11-06(c)(2)–(3)

In evaluating the claimant’s subjective complaints, the ALJ considers objective medical evidence, as well as other non-exhaustive factors such as evidence of daily activities, the frequency and intensity of pain, medication taken and any resulting side effects, and any other measures taken to alleviate the pain. See 20 C.F.R. §§ 404.1529(c)(2), (3), 416.929(c)(2), (c)(3).

Section 404.1529 requires an ALJ to determine whether a medically determinable impairment could produce the alleged symptoms, then assess the symptoms against the medical and other evidence.

Blisko v. Comm'r of Soc. Sec. · filed 2019-05-02

The regulations lay out a two-step process to evaluate alleged symptoms of pain and limitations. ... First, "the ALJ must decide whether the claimant suffers from a medically determinable impairment that could reasonably be expected to produce the symptoms alleged." ... Second, "the ALJ must consider 'the extent to which [the claimant's] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence' of record."

Section 404.1529(c) requires the ALJ to assess the intensity, persistence, and limiting effects of alleged symptoms in light of the entire record.

Hartman v. Kijakazi · filed 2024-01-10(c)

During the second step of this assessment, the ALJ must determine whether the claimant’s statements regarding the intensity, persistence, or limiting effects of his or her symptoms are substantiated considering the entire case record.

Section 404.1529 requires an ALJ to consider medical and other evidence when evaluating how a claimant’s symptoms affect their ability to work.

Godden v. O'Malley · filed 2024-02-20(c)(1)-(3)

The regulations direct the ALJ to consider all of the available evidence from medical sources and nonmedical sources about how a claimant’s symptoms affect them; medical opinions; objective medical evidence; and other evidence, including prior work record, the claimant’s statements about their symptoms, evidence submitted by medical sources, and observations by Social Security Administration employees and other persons. 20 C.F.R. §§ 404.1529(c)(1)-(3), 416.929(c)(1)-(3). ... These constitute “a good reason” for discounting Plaintiff’s symptoms, and the Court will defer to the ALJ’s judgment.

Section 404.1529(c)(3) requires an ALJ to apply the symptom evaluation factors and clearly explain the reasons for assessing a claimant’s symptoms.

Bishop v. Commissioner of Social Security · filed 2024-03-01(c)(3)

That is the case here, with 20 C.F.R. § 404.1529(c)(3) incorporating SSR 16-3p. ... This read-as-a-whole premise, of course, directly contradicts SSR 16-3p’s straightforward instruction. ... Based on the foregoing, the Court OVERRULES the Commissioner’s Objection (Doc. 13) and ACCEPTS and ADOPTS the Magistrate Judge’s January 8, 2024 Report and Recommendation (Doc. 12), which sustains Plaintiff’s second assignment of error (see Doc. 9).

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

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

As an initial matter, the ALJ adequately addressed Plaintiff’s subjective complaints in the decision (Tr. 23–26). As detailed above, the ALJ properly recognized Plaintiff’s complaints but found they were not entirely consistent with the medical evidence and other evidence (Tr. 23).

Section 404.1529(c) requires an ALJ evaluating symptoms to consider factors including pain, aggravating circumstances, medication, treatment, daily activities, and limitations.

LUKENS v. O'MALLEY · filed 2024-03-15(c)

"In determining credibility 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 (citing 20 C.F.R. § 404.1529(c)). ... The Court concludes that the ALJ's inconsistency finding was patently wrong, and she erred by relying on this supposed inconsistency to discredit Jilletta's testimony about the severity, persistence, and limiting effects of her migraines.

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

GANEY v. O'MALLEY · filed 2024-03-20(c)

In short, the ALJ determined at the second step of her subjective symptom analysis that Plaintiff was not limited to the full extent he alleged. The ALJ provided an adequate basis for her findings regarding Plaintiffs alleged symptoms, and the Court finds no basis to disturb these determinations.

When a medically determinable impairment could produce a claimant’s symptoms, the ALJ must evaluate their intensity, persistence, and limiting effects on the claimant’s ability to function.

Crespo v. O'Malley · filed 2024-03-25(c)(1)

If such an impairment is found, the ALJ must next evaluate the intensity, persistence, and limiting effects of the claimant’s symptoms to determine the extent to which they limit the claimant’s functional limitations. 20 C.F.R. § 404.1529(c)(1).

Section 404.1529(c) permits an ALJ to evaluate reported symptoms in light of medical evidence, response to treatment, and daily activities.

Torneanu v. Commissioner of Social Security Administration · filed 2024-03-31(c)

The ALJ rationally and properly evaluated Plaintiff’s symptoms in accordance with 20 C.F.R. § 404.1529(c), and so the Court affirms the ALJ’s finding.

Section 404.1529(c)(4) allows an ALJ to assess reported symptoms against the evidence rather than accept the claimant’s statements without question.

MCLAREN v. KIJAKAZI · filed 2024-05-10(c)(4)

In disagreeing with Plaintiff’s first argument that the ALJ erred by rejecting his subjective complaints and ignoring significant probative evidence, the Court notes that an ALJ is not under an obligation to simply accept what the claimant said without question.