20 C.F.R. § 404.1529

Section 404.1529(c)(3) directs the ALJ to consider factors such as daily activities, treatment, medication, and functional limits when evaluating reported symptoms.

Serrano v. Kijakazi · filed 2024-05-14(c)(3)

Further, the ALJ is to consider certain factors in symptom evaluation, including activities of daily living; ... and, any other factors concerning the claimant's functional limitations and restrictions. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). ... Thus, the ALJ properly and thoroughly cast these statements against the objective longitudinal record, including examination results and treatments, as well as the medical opinion evidence, in fashioning the RFC.

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

Benitez v. Commissioner of Social Security · filed 2024-05-15(b)

First, the ALJ considers whether the claimant suffers from a “medically determinable impairment that could reasonably be expected to produce” the symptoms alleged. Id. (citing 20 C.F.R. § 404.1529(b)).

Section 404.1529(c) directs the ALJ to assess the limiting effects of reported symptoms using the record, including objective findings and daily activities.

Calciano v. Kijakazi · filed 2024-05-15(c)

Further, the ALJ considered Calciano’s subjective symptoms but found that the objective findings and his activities of daily living did not support his alleged level of limitation.

Objective medical evidence may be weighed against a claimant’s reported symptoms when assessing their severity.

Noderer v. Commissioner of Social Security Administration · filed 2024-05-21(c)(2)

The ALJ met this standard. He carefully reviewed the medical evidence and found that Plaintiff’s symptom testimony does not entirely comport with the numerous medical records reflecting normal to mild clinical findings and effective therapy.

Section 404.1529(c)(3) identifies factors for evaluating a claimant’s symptoms, including treatment, daily activities, and medication effects.

Blackburn v. Social Security Administration · filed 2025-08-22(c)(3)

The Court finds reversible error in the ALJ’s consistency discussion. Specifically, the ALJ inconsistently interpreted Dr. Wong’s and Dr. Watts’ activity restrictions to support his conclusion that Plaintiff could perform “frequent” reaching, handling, and fingering and reject Plaintiff’s subjective allegations that she could not perform such activities “frequently.”

Section 404.1529(c) requires the ALJ to assess reported symptoms in light of the medical evidence and the record as a whole.

Phillips v. Bisignano · filed 2025-09-15(c)

The totality of the ALJ’s determination of plaintiff’s RFC indicates that he aptly considered all medical evidence before him and properly relied on objective medical data, synthesizing and weighing it in light of the entire record. See 20 C.F.R. § 404.1529(c); Molina v. Astrue, 674 F.3d 1104, 1113 (9th Cir. 2012).

Section 404.1529(b) requires an ALJ evaluating symptoms to determine whether the claimant has a medically determinable impairment before assessing the symptoms’ intensity, persistence, and effect on work.

Landry · filed 2026-03-25(b)

In evaluating a claimant’s subjective complaints, an ALJ must determine if the record establishes a “medically determinable impairment.” Arakas v. Comm'r of Soc. Sec. Admin., 983 F.3d 83, 95 (4th Cir. 2020) (citing 20 C.F.R. § 404.1529(b); SSR 16-3p, 2016 WL 1119029, at *3 (Mar. 16, 2016)). If there is such an impairment, the ALJ “must assess the intensity and persistence of the alleged symptoms to determine how they affect the claimant’s ability to work and whether the claimant is disabled.” Jd. As the Magistrate Judge found, the ALJ complied with this process.

Section 404.1529 uses a two-stage symptom analysis that first requires objective evidence of an impairment reasonably capable of producing the alleged symptoms and then requires clear and convincing reasons to discount their alleged severity absent malingering.

Anderson v. Commissioner, Social Security Administration · filed 2022-04-04

In assessing a claimant’s testimony about subjective pain or the intensity of symptoms, the ALJ engages in a two-step analysis. 20 C.F.R. §§ 404.1529, 416.929. The first stage is a threshold test in which the claimant must present objective medical evidence of an underlying impairment that could reasonably be expected to produce the symptoms alleged. ... At the second stage of this analysis, absent affirmative evidence of malingering, the ALJ must provide clear and convincing reasons for discrediting the claimant’s testimony regarding the severity of the symptoms.

A claimant’s testimony alone does not establish disability under Section 404.1529(a), but after an impairment capable of producing the symptoms is shown and absent malingering, the ALJ may reject symptom testimony only for specific, clear, and convincing reasons.

Baker v. Commissioner of Social Security Administration · filed 2022-07-01(a)

When evaluating subjective symptom testimony, an ALJ must first find objective medical evidence demonstrating an impairment that could reasonably cause a claimant’s symptoms. Lingenfelter v. Astrue, 504 F.3d 1028, 1036 (9th Cir. 2007). A claimant’s subjective testimony alone will not establish a disability, and an ALJ will determine whether a claimant’s alleged limitations are consistent with medical sources and other evidence in the record. 20 C.F.R. § 404.1529(a). Once a claimant has shown such an impairment, if there is no evidence of malingering, the ALJ may reject the claimant’s symptom testimony only if she offers specific, clear and convincing reasons for doing so. ... The ALJ did not provide clear, convincing reasons that Plaintiff’s travel was inconsistent with any of his claimed impairments. Finally, the ALJ’s broad, conclusory statement that Plaintiff’s subjective medical testimony is “not entirely consistent with the medical evidence” is, on its own, an insufficient reason to reject that testimony, and it is not supported by substantial evidence in this case. ... In this case, since the ALJ provided no sufficient alternate reason for a finding of non-credibility, she failed to meet her legal burden regarding Plaintiff’s symptom testimony and erred in rejecting it.

Absent affirmative malingering, Section 404.1529(c) requires specific, clear, and convincing record-supported reasons for rejecting symptom reports after considering the relevant factors.

Tymecki v. Kijakazi · filed 2022-08-26(c)

Because the record does not contain affirmative evidence of malingering, the ALJ was required to provide “specific, clear and convincing” reasons supported by substantial evidence for rejecting Plaintiff’s symptom reports after considering the relevant factors.

Under § 404.1529(c)(2), an ALJ who finds no malingering must specify the rejected testimony and give clear and convincing reasons supported by identified evidence.

Tomczak v. Commissioner of Social Security Administration · filed 2023-03-09(c)(2)

The Court finds that the ALJ met this standard.

Section 404.1529 requires specific, clear, and convincing reasons to discredit severity testimony when the first step is satisfied and no malingering exists.

Garcia v. Commissioner of Social Security · filed 2023-03-10

If the claimant satisfies the first step of this analysis, and there is no evidence of malingering, the ALJ may discredit the claimant’s testimony about the severity of his symptoms only by offering specific, clear and convincing reasons for doing so.

Section 404.1529 requires specific, clear, and convincing reasons to reject symptom testimony absent malingering.

Hall v. Commissioner of Social Security Administration · filed 2023-03-24(b), (c)

If there is no evidence of malingering, the ALJ may reject the claimant’s ... symptom testimony only by giving specific, clear, and convincing reasons supported by ... evidence in the record.

Section 404.1529(c) requires specific, clear, and convincing reasons to reject symptom testimony absent malingering.

Fazel v. Kijakazi · filed 2023-03-27(c)

Second, if the claimant meets the first step and there is no ... evidence of malingering, “the ALJ can reject the claimant’s testimony about the ... severity of her symptoms only by offering specific, clear and convincing reasons for ... doing so.”

An ALJ determining residual functional capacity must evaluate fatigue as a related symptom and discuss the applicable symptom factors sufficiently to show how fatigue affects functioning.

Wakefield v. Kijakazi · filed 2022-07-25(c)(3)

When determining a claimant’s RFC, the ALJ will consider their impairments as well as any related symptoms, such as fatigue. ... 20 C.F.R. § 404.1529. ... Within the decision, the ALJ never discussed any of the factors for evaluating symptoms like fatigue and how it may affect Plaintiff’s functioning. He only made conclusory statements without explanation. ... The failure to properly address Plaintiff’s fatigue requires remand.

Section 404.1529 requires the adjudicator to consider subjective symptoms such as fatigue when objective medical evidence shows an impairment that could reasonably produce them, evaluating those complaints in light of all the evidence.

Clark v. Barnhart · filed 2003-04-22(b), (c)

Objective medical evidence established that Clark suffers from multiple sclerosis, which can reasonably be expected to produce the fatigue Clark alleges. See 20 C.F.R. § 404.1529(b); see also Young v. Apfel, 221 F.3d 1065, 1067 n.3 (8th Cir. 2000) (noting multiple sclerosis’s symptoms “include muscle weakness, numbness, fatigue, loss of balance, pain, and loss of bowel and bladder control”). Therefore, the ALJ should have considered her subjective complaints of chronic fatigue in light of all of the evidence. 20 C.F.R. § 404.1529(c). In this case, however, the ALJ never specifically considered Clark’s allegations of fatigue at all. ... here, that analysis alone is inadequate to disregard her complaints of chronic disabling fatigue.

Section 404.1529 requires the Social Security Administration to carefully consider information about subjective symptoms when symptoms suggest greater severity than the objective medical evidence alone shows.

Smith v. Commissioner of Social Security · filed 2003-08-27

The ALJ considered both the objective medical evidence contained in the record, as well as Smith’s subjective complaints of pain in assessing her physical limitations. ... 20 C.F.R. §§ 404.1529, 416.929 (“Since symptoms sometimes suggest a greater severity of impairment than can be shown by the objective medical evidence alone, the Social Security Administration will carefully consider any other information [provided] about [subjective] symptoms.”).

Section 404.1529 permits the Commissioner to consider a claimant’s daily activities when evaluating the claimant’s symptoms.

Bowie v. Astrue · filed 2008-01-30(c)(3)

In evaluating the credibility of Bowie’s subjective claims of disability, the ALJ cited the proper legal standard and recognized his duty to consider all medical symptoms, including medical records and the plaintiff’s testimony. See 20 C.F.R. §§ 404.1527, 404.1529, 416.927, 416.929. In this case, the ALJ concluded that Bowie’s claims of pain were not supported by the record: “The claimant presents himself as being much worse than that which is contained in the record.” In drawing this conclusion, the ALJ properly took into account Bowie’s testimony about his ability to engage in normal daily activities. See 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3) (listing “daily activities” as a factor the Commissioner may consider in evaluating a claimant’s symptoms). For example, the ALJ considered that Bowie lived alone, walked one to one-and-a-half miles daily for exercise, did yard work, washed dishes, did laundry, cooked his own meals, drove, shopped, and visited with his family. See Kraemer v. Sullivan, 885 F.2d 206, 208-09 (5th Cir. 1989) (finding that a claimant’s ability to do daily tasks undermined his claim that his hypertension was disabling). The ALJ also observed that Bowie previously performed his work with the same medical conditions he currently has and that he lost his job due to a layoff unrelated to his medical condition. Therefore, we conclude that by fully considering Bowie’s testimony and medical history, the ALJ applied the proper legal standard in evaluating the credibility of Bowie’s disability claim.

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

Douglas v. Berryhill · filed 2019-09-17(c)(2)

When performing that assessment, an ALJ should not discount a claimant’s subjective statements “solely because the available objective medical evidence does not substantiate [them].” Id. (emphasis added) (citing 20 C.F.R. §§ 404.1529(c)(2), 416.929(c)(2)). By requiring additional substantiating evidence, the ALJ improperly increases the claimant’s burden of proof. ... Here, the ALJ properly followed the two-step analysis when considering Plaintiff’s subjective complaints of pain. First, the ALJ determined that Plaintiff’s “medically determinable impairments could reasonably be expected to cause the alleged symptoms.” (Doc. No. 10-1, at 23). Second, the ALJ turned to the “intensity, persistence, and limiting effects of [Plaintiff’s] symptoms” and, as a part of that step, assessed the credibility of Plaintiff’s subjective statements.

Section 404.1529 identifies treatment other than medication and measures used to relieve pain or other symptoms as additional factors in symptom evaluation, whose separate analysis the court did not require under Eighth Circuit precedent.

Cressell v. Social Security Administration Commissioner · filed 2019-11-20

Social Security Regulations 20 C.F.R. § 404.1529 and 20 C.F.R. § 416.929 require the analysis of two additional factors: (1) “treatment, other than medication, you receive or have received for relief of your pain or other symptoms” and (2) “any measures you use or have used to relieve your pain or symptoms (e.g., lying flat on your back, standing for 15 to 20 minutes every hour, sleeping on a board, etc.).” ... Thus, this Court will not require the analysis of these additional factors in this case.

Section 404.1529 does not allow subjective complaints of pain alone to establish disability and calls for evaluation alongside additional objective evidence.

Brown v. Social Security Administration, Commissioner · filed 2020-03-11

The Social Security Regulations provide that a claimant’s subjective complaints of pain cannot alone establish disability. Rather, the regulations describe additional objective evidence that permits a finding of disability. See 42 U.S.C. § 423(d)(5)(A); 20 C.F.R. § 404.1529. Interpreting these regulations, the Eleventh Circuit has articulated a “pain standard” that applies when a claimant attempts to establish disability through her own testimony of pain or other subjective symptoms. When establishing disability in this manner, a claimant must satisfy two parts of the Eleventh Circuit’s three-part pain standard: “(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 reasonably be expected to give rise to the claimed pain.”

Section 404.1529 requires a claimant to establish an underlying medical condition and permits the ALJ to evaluate symptom intensity and persistence using objective evidence and other relevant factors.

Booms v. Commissioner of Social Security · filed 2003-07-30(b), (c)

... Under 20 C.F.R. § 404.1529(b) (1995), the plaintiff must establish an underlying medical condition, and then show either (1) that objective medical evidence confirms the severity of the alleged pain arising from the condition, or (2) the medical condition, objectively determined, is at a level of severity which can reasonably be expected to give rise to the alleged pain. If the plaintiff satisfies this burden, the ALJ must then evaluate the intensity and persistence of the plaintiffs pain symptoms in light of objective medical evidence including the activity which precipitates or aggravates the plaintiffs symptoms, the plaintiffs daily activities, the intensity and duration of his symptoms, and medications, treatment and other means to relieve the symptoms. 20 C.F.R. § 404.1529(c) (1995).

Section 404.1529(c)(4) allows an ALJ to give less weight to subjective symptom claims that conflict with medical evidence.

Mancera v. Barnhart · filed 2003-05-02(c)(4)

Accordingly, the ALJ did not err in attributing less weight to Mancera’s subjective claims. See 20 C.F.R. § 404.1529(c)(4).

Section 404.1529 requires an ALJ to make an express finding on whether a claimant’s subjective symptoms are consistent with the evidence of record.

VANG v. SAUL · filed 2019-09-05

Although not raised by either party (see Docket Entries 16, 19), the ALJ neglected to make an express finding regarding the consistency of Plaintiff’s subjective symptoms with the evidence of record as required by the Commissioner’s regulations (see Tr. 15-19; see also 20 C.F.R. § 404.1529). Although, as detailed above, that omission should not prevent the Court from engaging in meaningful judicial review of the ALJ’s decision, upon remand, the ALJ assigned to rehear Plaintiff’s case should ensure such a finding appears in the decision.

Section 404.1529(c)(4) limits symptom-based reductions in residual functional capacity to alleged limitations that can reasonably be accepted as consistent with objective medical and other evidence.

(SS) Tuupoina v. Commissioner of Social Security · filed 2020-01-06(c)(4)

As part of his or her analysis of the record as a whole, an ALJ properly considers whether the objective medical evidence supports or is consistent with a claimant’s pain testimony. Id.; 20 C.F.R. §§ 404.1529(c)(4), 416.1529(c)(4) (symptoms are determined to diminish residual functional capacity only to the extent that the alleged functional limitations and restrictions “can reasonably be accepted as consistent with the objective medical evidence and other evidence”).

Section 404.1529(c)(3)–(4) requires consideration of daily activities and permits comparison of a claimant’s symptom allegations with objective findings and other evidence as part of the consistency analysis.

Khuen v. Commissioner of the Social Security Administration · filed 2021-07-06(c)(3)-(4)

The ALJ’s discussion satisfies SSR 16-3p. The ALJ may compare Plaintiff’s allegations to the objective findings and her activities of daily living as part of the consistency analysis. See 20 C.F.R. § 404.1529(c)(3)-(4) (ALJ must consider factors including daily activities, in determining whether conflicts exist between claimant’s statements and other evidence). Plaintiff points to no objective medical evidence suggesting greater mental limitations.

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

Little v. Commissioner of Social Security · filed 2021-07-27(c)(4)

In considering a claimant’s subjective complaints, the ALJ may consider whether any inconsistencies exist in the evidence and the extent to which any conflicts exist between a claimant’s statements and the rest of the evidence. 20 C.F.R. §§ 404.1529(c)(4), 416.929(c)(4). ... Pursuant to HALLEX I-2-10-10(D), information gathered by the CDI Unit “is to be considered with … other relevant evidence under 20 C.F.R. § 416.913(b).” Thus, the ALJ did not err in considering that such observations were inconsistent with Plaintiff’s allegations.

Section 404.1529(c)(4) requires the Commissioner to evaluate subjective complaints with the other record evidence and resolve conflicts and inconsistencies among them.

Turner v. Kijakazi (CONSENT) · filed 2021-07-30(c)(4)

In these records, Plaintiff’s subjective complaints fail to outweigh the objective medical evidence that a review of her systems was unremarkable. 20 C.F.R. § 404.1529(c)(4). ... It is the duty of the Commissioner to evaluate not only Plaintiff’s subjective complaints, but all the types of evidence included in 20 C.F.R. § 404.1529(c), and then resolve conflicts and inconsistencies in the evidence. Here, there was a sole mention of Plaintiff using a cane for balance (R. 273–74), compared to a sole refusal to use a cane (R. 317) and substantial evidence in the form of diagnostic testing and physical examinations weighing against Plaintiff’s alleged gait problems. Accordingly, the ALJ’s finding that Plaintiff’s subjective complaints of disabling symptoms were not entirely consistent with the other evidence of record was not improper.

Section 404.1529(c)(3) requires symptom intensity and persistence to be assessed from the entire record, including relevant daily-activity evidence, rather than from selectively excerpted or misread statements.

Klecha v. Kijakazi · filed 2021-08-09(c)(3)

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). In making this assessment, the ALJ should consider factors relevant to plaintiff’s symptoms, “such as [his] daily activities, duration and frequency of pain, medication, and treatment.” Jazina v. Berryhill, No. 3:16CV01470(JAM), 2017 WL 6453400, at *7 (D. Conn. Dec. 13, 2017); see also 20 C.F.R. §404.1529(c)(3). The ALJ must consider all evidence in the record. See Social Security Ruling 16-3P, 2017 WL 5180304, at *8 (S.S.A. Oct. 25, 2017). ... Simply, the totality of the Function Report does not “describe[] a relatively high level of functioning despite [plaintiff’s] impairments,” as found by the ALJ. Tr. 24. Instead, a plain reading of the Function Report suggests that the ALJ improperly cherry-picked statements from the Function Report to support his findings, while ignoring conflicting evidence from the same source. Indeed, there is a strong suggestion that there has been “a serious misreading of evidence, or failure to comply with the requirement that all evidence be taken into account, or both.” Dowling v. Comm’r of Soc. Sec., No. 5:14CV00786(GTS)(ESH), 2015 WL 5512408, at *11 (N.D.N.Y. Sept. 15, 2015) (citing Genier v. Astrue, 606 F.3d 46, 50 (2d Cir. 2010)). Accordingly, the ALJ’s credibility determination is not supported by substantial evidence and is “patently unreasonable.” Pietrunti, 119 F.3d 1035.

Section 404.1529(c)(3) and (4) permit an ALJ to assess subjective symptoms using daily activities, symptom characteristics, aggravating factors, medication, functional restrictions, and objective medical evidence.

Edwards v. Social Security Administration, Commissioner · filed 2021-08-18(c)(3), (4)

An ALJ rendering findings regarding a claimant’s subjective symptoms may consider a variety of factors, including: the claimant’s daily activities; symptom location, duration, frequency, and intensity; precipitating and aggravating factors; type, dosage, effectiveness, and side effects of medication taken to alleviate the symptoms; and other factors concerning functional limitations and restrictions due to symptoms. See 20 C.F.R. §§ 404.1529(c)(3), (4). ... In sum, the ALJ offered adequate explanations for discounting Edwards’s testimony as to his pain. Further, the ALJ properly cited objective medical evidence refuting the severity of the alleged symptoms, and Edwards has not offered any argument or pointed to any facts undermining the substantial evidence supporting the ALJ’s residual functional capacity assessment. Although Edwards maintains his pain limits him to a greater degree than the ALJ assessed, the court cannot reweigh the evidence or second-guess the ALJ’s conclusions. See Winschel, 631 F.3d at 1178 (citations and internal quotation marks omitted). Thus, the ALJ did not err in assessing Edwards’s pain allegations.

Section 404.1529(c)(4) requires an ALJ to consider conflicts between a claimant’s symptom statements and the rest of the evidence, including contradictions with daily activities.

Ashby III v. Kijakazi · filed 2021-08-26(c)(4)

The ALJ must consider whether there are any conflicts between the claimant’s statements and the rest of the evidence. 20 C.F.R. §§ 404.1529(c)(4), 416.929(c)(4). In the Ninth Circuit, an ALJ may reject a claimant’s symptom allegations either by identifying evidence of malingering or by providing clear and convincing reasons to do so. Valentine v. Comm’r of Social Sec. Admin., 574 F.3d 685, 693 (9th Cir. 2009). An ALJ may discount a claimant’s allegations by pointing to “contradictions in the claimant’s own testimony about his activities of daily living.” Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1196 (9th Cir. 2004). ... Based on the reasons provided, the ALJ did not err in finding that Plaintiff’s subjective complaints were not consistent with the objective evidence.

Section 404.1529(c)(4) requires an ALJ to consider conflicts between a claimant’s symptom statements and medical signs or laboratory findings, allowing conservative treatment and normal findings to undercut alleged severity.

Gootee v. SSA · filed 2021-08-26(c)(4)

In explaining the reasoning behind this conclusion, the ALJ noted that Gootee’s statements were contradicted by the evidence of record. [Id.] As the ALJ discussed, despite Gootee’s allegations of debilitating symptoms, her treatment regime was conservative, consisting mostly of routine follow-up visits with Dr. Belanger, who recorded largely normal findings. [Tr. 370, 373-76, 379-81, 434-45, 440, 446, 452] The ALJ noted that Gootee had not been referred to any specialists nor placed in any notable studies or treatment programs. [Tr. 34] Such conservative treatment and normal findings undercut Gootee’s allegations about the intensity of her symptoms. See 20 C.F.R. § 404.1529(c)(4) (stating an ALJ must consider conflicts between a claimant’s statements and the signs and laboratory findings); Helm v. Comm’r of Soc. Sec. Admin., 405 F.App’x 997, 1001 (6th Cir. 2011) (unpublished) (noting that a modest treatment regimen is generally inconsistent with a finding of total disability).

Section 404.1529(c)(3)–(4) requires consideration of other relevant information, including daily activities and evidentiary conflicts, when alleged symptom severity exceeds what objective medical evidence shows.

Hendricks v. Commissioner of Social Security · filed 2021-08-31(c)(3)-(4)

Because the reported pain and other symptoms suggested impairments of greater severity than could be shown by the objective medical evidence, the ALJ appropriately considered other information and factors that may be relevant to assessing Plaintiff’s pain and other symptoms (Id.). See 20 C.F.R. § 404.1529(c)(3). For example, the ALJ considered Plaintiff’s level of daily activity (Tr. 90-98). See 20 C.F.R. § 404.1529(c)(3)(i); Bogle v. Sullivan, 998 F.2d 342, 348 (6th Cir. 1993); Blacha v. Sec’y of Health & Human Servs., 927 F.2d 228, 231 (6th Cir. 1990). The ALJ also considered whether there were any inconsistencies in the evidence and the extent to which there are any conflicts between Plaintiff’s statements and the rest of the evidence in the record. See 20 C.F.R. § 404.1529(c)(4). The ALJ’s conclusion--Plaintiff did not suffer pain and other symptoms to the extent she testified (Tr. 93-98)—is supported by substantial evidence and comports with the law.

Section 404.1529(c)(4) permits an ALJ to consider inconsistencies among a claimant’s complaints, personal history, and medical record when evaluating subjective symptoms.

Gray v. Kijakazi · filed 2021-08-31(c)(4)

The ALJ considered the objective medical evidence in the record (Tr. 205-08), but the ALJ also considered inconsistencies between Plaintiff’s testimony and the medical record (Tr. 207). Pursuant to the regulations at 20 C.F.R. § 404.1529, an ALJ may properly consider inconsistencies between a claimant’s complaints, personal history, and medical record. See Bryant v. Colvin, 861 F.3d 779, 783 (8th Cir. 2017). For example, the ALJ found, Plaintiff testified that she had a cane as well as a walker and wheelchair, yet the ALJ found no assistive device was prescribed, observed, or used during examinations (Tr. 207, 257, 678, 683, 796, 799, 885, 888, 1480, 1495, 1499).

Section 404.1529(c)(3) requires consideration of all symptom statements and an assessment of how far they are consistent with objective medical evidence.

Lindsay L. v. Kijakazi · filed 2022-10-03(c)(3)

The ALJ must consider all of a claimant’s statements about his symptoms, including pain, and determine the extent to which the symptoms can reasonably be accepted as consistent with the objective medical evidence. SSR 16-3p, 2017 WL 4790249, at *49462; 20 C.F.R. § 404.1529(c)(3). ... The Court finds that the ALJ appropriately considered objective evidence that Plaintiff’s fibromyalgia pain and other symptoms did not affect her functioning to the extent alleged, e.g., she routinely was in no apparent distress, had a normal gait and balance, and showed intact strength and sensation in her extremities.

An ALJ may compare claimant statements with medical-source evidence and other record inconsistencies when evaluating symptoms.

Frankin v. Social Security Administration, Commissioner · filed 2023-09-26(c)(4)

The ALJ also considered the inconsistencies between Franklin’s statements and the evidence in the record by medical sources. R. 17; see 20 C.F.R. §§ 404.1529(c)(4) & 416.929(c)(4).

Section 404.1529(c)(4) permits an ALJ to evaluate subjective pain complaints against the medical evidence and the claimant’s reported activities.

Anderson v. SSA · filed 2019-09-26(c)(4)

However, as correctly, noted by the Commissioner, [Id. at 11, PageID #2370], Anderson’s medical reports did not reveal any significant abnormalities to her musculoskeletal or neurological systems. [TR 16, 474, 1700, 1994, 2140, 2224-25]; see 20 C.F.R. § 404.1529(c)(4). ... When considering all medical evidence and Anderson’s personal testimony regarding her activities, the ALJ properly evaluated her subjective complaints of pain.

Section 404.1529(c)(4) requires reported symptoms to be evaluated for consistency with objective medical evidence and other evidence when assessing their effect on work capacity.

Groeger v. Commissioner of Social Security · filed 2021-09-29(c)(4)

“[S]ymptoms, 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). ... Given the thoroughness of the ALJ’s explanation and recitation of the evidence, the Court finds no error in the ALJ’s consideration of Plaintiff’s subjective complaints.

Section 404.1529(c)(4) requires symptoms to be reasonably, rather than entirely, consistent with the evidence to be credited.

Carrick v. Berryhill · filed 2020-06-22(c)(4)

As noted above, the Commissioner’s regulations merely require that a claimant’s symptoms be “reasonably”—as opposed to entirely—consistent with objective medical evidence to be credited.

Section 404.1529(c)(4) measures the limiting effect of reported symptoms by whether the claimed limitations are consistent with the medical and other evidence.

Schults v. Colvin · filed 2014-02-27(c)(4)

The claimant’s symptoms “will be determined to diminish [his or her] capacity for basic work activities to the extent that [his or her] alleged functional limitations and restrictions due to symptoms, such as pain, can reasonably be accepted as consistent with the objective medical evidence and other evidence.” 20 C.F.R. § 404.1529(c)(4). ... Based on its review of the record, the Court finds that the ALJ did not err in concluding that Plaintiffs symptoms were inconsistent with the objective medical evidence.

Section 404.1529(c)(4) directs the ALJ to evaluate a claimant’s symptom statements against objective medical evidence and other evidence.

Romero v. Saul · filed 2021-04-22(c)(4)

The Regulations specifically direct the ALJ to consider whether Plaintiff’s statements and self-reported symptoms are consistent with the objective medical evidence of record. ... The ALJ did so here and Plaintiff’s challenge to the “methodology” fails because the ALJ did not err in concluding that Plaintiff’s symptoms were not entirely consistent with the objective medical evidence.

Section 404.1529(c)(4) permits an ALJ to consider whether claimed limitations are consistent with objective medical evidence and other evidence.

Baillie v. Commissioner of Social Security · filed 2021-05-11(c)(4)

An ALJ therefore properly considers whether the medical evidence supports or is consistent with a claimant’s allegations.

Section 404.1529(c)(4) requires the ALJ to assess whether claimed symptom limitations are consistent with the medical and other evidence.

Walter v. Commissioner of Social Security · filed 2023-03-16(c)(4)

Accordingly, a claimant’s alleged symptoms are determined to diminish their capacity to work “to extent that [the claimant’s] alleged functional limitations and restrictions due to symptoms, such as pain, can reasonably be accepted as consistent with the objective medical and other evidence.” 20 C.F.R. § 404.1529(c)(4). ... Here, the ALJ cited to physical examination notes from Dr. Austin’s records that were not consistent with limitations alleged by Mr. W, and the portions now relied upon by Mr. W fail to demonstrate that the ALJ’s analysis was inadequate.

Section 404.1529 requires the ALJ to assess whether alleged symptoms are consistent with the medical and other evidence.

Wydeven v. O'Malley · filed 2024-01-08(a)

Recall that the ALJ is looking for consistency between the claimant’s alleged symptoms and the record evidence. ALJ Parker does that in this decision.

Section 404.1529(c)(4) allows an ALJ to consider whether claimed symptom limitations are consistent with objective medical evidence and other evidence.

Irwin v. Commissioner of Social Security · filed 2024-03-18(c)(4)

As such, so long as it is not the sole basis for discounting a claimant’s testimony, an ALJ properly considers a lack of supportive medical evidence. ... See also 20 C.F.R. § 404.1529(c)(4) (symptoms diminish capacity for basic work activities only to the extent alleged functional limitations and restrictions “can reasonably be accepted as consistent with the objective medical evidence and other evidence.”) ... In this case, the ALJ did not discount Plaintiff’s testimony based solely on an absence of objective support.

Section 404.1529(c)(4) allows an ALJ to assess whether a claimant’s statements about symptoms are consistent with the medical evidence.

Chappell v. Social Security Administration, Commissioner · filed 2024-06-05(c)(4)

The ALJ correctly excluded Plain�ff’s alleged hand tremors from her decision, as these subjec�ve statements regarding the tremors are not consistent with the objec�ve medical evidence.

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

Rodgers v. Social Security Administration · filed 2024-07-31(c)(4)

An ALJ also considers whether there are inconsistencies between a claimant’s reported symptoms and other evidence, such as when a claimant reports more severe symptoms to the agency than she reports to medical providers.

Section 404.1529(c)(4) calls for comparing a claimant’s statements about symptoms with the other evidence, including daily activities, when assessing their limiting effects.

Misty D. Williams v. Commissioner of Social Security · filed 2025-11-17(c)(4)

In short, the ALJ considered the relevant evidence, assessed limitations she found consistent with that evidence including exertional and postural limitations, including a sit-stand alternative, to address widespread joint pain and residual pain from healed fractures, and determined Ms. Williams’ claim that her pain rose to the level of disability was inconsistent with her daily activities. The explanation for the last finding is reasonable and supported by substantial evidence.

Section 404.1529(c)(3)(iv) requires the Commissioner to consider the type, dosage, effectiveness, and side effects of medication taken to alleviate pain or other symptoms.

Lewis v. Barnhart · filed 2002-03-19(c)(3)(iv)

The C.F.R. regulations on evaluating symptoms, including pain, require the Commissioner to consider the type, dosage, effectiveness, and side effects of any medication the claimant takes or has taken to alleviate pain or other symptoms.

Section 404.1529(c)(3)(iv) directs consideration of the type, dosage, effectiveness, and side effects of medication when evaluating a claimant's pain or other symptoms.

Calhoun v. Commissioner of Social Security · filed 2004-06-14(c)(3)(iv)

This record, viewed as a whole, sufficiently raises the question of adverse drug reactions and that the ALJ was remiss in not considering that issue, particularly given the express directive of 20 C.F.R. § 404.1529(c)(3)(iv).

Section 404.1529(a) directs an ALJ to consider a claimant’s descriptions of symptoms and assess whether they are consistent with the objective medical and other evidence in the record.

Casillas v. Astrue · filed 2009-10-08(a)

The regulations set forth a process by which an ALJ is to consider a claimant’s descriptions of his symptoms and assess the extent to which those symptoms can reasonably be accepted as consistent with the objective medical and other evidence of record.

Section 404.1529(c)(3)(iv) requires an ALJ evaluating symptoms to consider the type, dosage, effectiveness, and side effects of medication taken to alleviate pain or other symptoms.

Berry v. Astrue · filed 2010-09-22(c)(3)(iv)

When analyzing symptoms related to a medical impairment, the regulations promise that the ALJ will consider “[t]he type, dosage, effectiveness, and side effects of any medication [claimant] take[s] or ha[s] taken to alleviate . . . pain.” 20 C.F.R. § 404.1529(c)(3)(iv). The record shows that the ALJ considered some side effects from medication, such as visual dreams, erectile dysfunction and dizziness. The ALJ also acknowledged but discounted as “not fully credible” Berry’s complaint “that his pain medications caused some mental confusion and affected his balance.” On this record, we cannot say that the ALJ failed even to consider the effects of Berry’s pain medications on his ability to function.

Section 404.1529(c)(3)(iv) requires consideration of alleged medication side effects when evaluating the credibility of a claimant's statements about his limitations.

Robinson v. Commissioner of Social Security · filed 2016-05-06(c)(3)(iv)

This regulation specifies that any alleged medication side effects must be considered in evaluating the credibility of a claimant’s statements concerning his limitations and acknowledged the various medications that the claimant took.

Section 404.1529 requires an ALJ to consider medication side effects when evaluating pain or other symptoms, while statements about those symptoms must be supported by objective medical evidence from an acceptable medical source.

Cardona v. Commissioner of Social Security · filed 2019-10-22(c)(3)(iv)

As for the side effects of Cardona’s medication, it is true that Social Security regulations require the ALJ to consider the “side effects of any medication [the claimant] take[s] or ha[s] taken to alleviate [her] pain or other symptoms.” 20 C.F.R. § 404.1529(c)(3)(iv). But those regulations also caution that statements about “pain or other symptoms,” including side effects, must be supported by “objective medical evidence from an acceptable medical source.” Id. § 404.1529(a).

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

Nance-Goble v. Social Security Administration, Commissioner · filed 2021-06-11(c)(3)(iv)

These regulations provide that an ALJ will consider “[t]he type, dosage, effectiveness, and side effects of any medications” when evaluating a claimant’s testimony about her symptoms. See 20 C.F.R. §§ 404.1529(c)(3)(iv), 416.929(c)(3)(iv). So Nance-Goble has not shown that the ALJ failed to consider her testimony about her medication side effects when he evaluated her subjective pain testimony.

Section 404.1529(c)(3) requires consideration of medication side effects and other symptom factors, and an ALJ satisfies it by expressly addressing the claimed effects and their functional impact.

FIELDS v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-01-24(c)(3)

The ALJ expressly stated that she considered, inter alia, “the type, dosage, effectiveness, and side effects of any medication the individual takes or has taken to alleviate pain or other symptoms[.]” R. 34. Moreover, during the hearing, the ALJ specifically asked Plaintiff whether she experienced any side effects from her medication, and she responded that the only side effect was a “little fatigue[].”

Section 404.1529 requires consideration of pain from a medically determinable impairment and makes medication side effects relevant to work capacity.

Limberg, Jeff v. Saul, Andrew · filed 2022-02-10(c)(1), (c)(3)(iv)

It is true that an ALJ must consider the side effects of plaintiff’s medications in evaluating his ability to work. 20 C.F.R. §§ 404.1529(c)(3)(iv), 416.929(c)(3)(iv); see also SSR 16-3p, 2016 WL 1119029, at *7. ... An ALJ must consider a claimant's subjective complaints of pain if the claimant has a medically determined impairment that could reasonably be expected to produce that pain. 20 C.F.R. § 404.1529(c)(1).

Section 404.1529(c)(3)(iv) requires consideration of medication effectiveness and side effects, including findings about how prescribed medications affect ability to work.

Kelly v. Social Security Administration, Commissioner · filed 2022-03-17(c)(3)(iv)

The ALJ fails to consider the side effects of medications when he does not (1) elicit testimony about the side effects and (2) make a finding about “the effect of ... prescribed medications upon [the claimant's] ability to work.”

Although § 404.1529(c)(3)(iv) requires consideration of medication side effects, omission is prejudicial only when the claimant provides evidence that the side effects caused an RFC limitation.

James v. Kijakazi · filed 2022-03-29(c)(3)(iv)

Typically, “an ALJ must consider medication side effects in evaluating the credibility of a claimant’s statements about subjective symptoms like pain.” ... Nonetheless, “an ALJ’s failure to consider medication side effects prejudices the claimant only if the claimant has provided evidence that the side effects caused some limitation in the claimant’s RFC.”

An ALJ’s statement that all symptoms were evaluated under Section 404.1529 can demonstrate implicit consideration and rejection of medication-side-effect testimony even when the ALJ did not specifically mention that testimony.

Lawson v. Social Security Administration, Commissioner · filed 2022-06-29(c)(3)(iv)

The ALJ did not mention this testimony in his decision, but the ALJ did explain that he considered all symptoms and the extent to which those symptoms were consistent with objective medical evidence and other evidence based on the requirements of 20 C.F.R. §§ 404.1529 and 416.929 and Social Security Ruling 16-3p. (R. at 21). This statement demonstrates that the ALJ considered and implicitly rejected Mr. Lawson’s testimony about the alleged side effects of his medication. ... Therefore, the ALJ did not err in implicitly rejecting Mr. Lawson’s testimony about his medication side effects.

An ALJ must consider the type, dosage, effectiveness, and side effects of symptom-relief medication, but need not add an RFC limitation where the record does not show side effects severe enough to affect functioning.

Finn v. Commissioner of Social Security · filed 2022-09-15(c)(3)(iv)

The current regulations required the ALJ, as part of the two-step process, to consider “[t]he type, dosage, effectiveness, and side effects of any medication [he took] to alleviate [his] pain or other symptoms[.]” 20 C.F.R. § 404.1529(c)(3)(iv). Here, the ALJ specifically noted that medication management was a component of Mr. Finn’s treatment, which overall had been “beneficial” and “increas[ed] his functioning and [activities of daily living,]” but after “considering the type, dosage, effectiveness, and side effects of any medication[,]” concluded that it would not have prevented [him] from engaging in the above [RFC].” (R. 22). The ALJ thus complied with the currently-applicable regulation, SSR 16-3p.

An ALJ need not include alleged medication side effects in the RFC when no evidence from the relevant period shows that the claimant actually experienced them.

Reyes v. Commissioner of Social Security · filed 2022-09-27(a), (c)(3)(iv)

In sum, there is no evidence from the closed period at issue here that indicates that Plaintiff ever experienced any side effects from any medication during that period. Accordingly, the ALJ did not err in failing to consider any purported side effects associated with Plaintiff’s medications in formulating Plaintiff’s RFC, because such alleged side effects are not “supported by ‘objective medical evidence from an acceptable medical source.’” Cardona, 2019 WL 5387885, at *3 (quoting 20 C.F.R. § 404.1529(a)).

Section 404.1529 permits an ALJ to exclude a claimed functional limitation when the record contradicts the allegation and the claimant identifies no overlooked or mischaracterized evidence relevant to the regulatory factors.

Bousonville v. Kijakazi · filed 2022-09-29(c)

Furthermore, Plaintiff does not argue that the ALJ ignored or mischaracterized any evidence relevant to the other factors under 20 C.F.R. § 404.1529. Accordingly, the ALJ’s decision to exclude this limitation from the RFC assessment is supported by substantial evidence.

Medication side effects are considered under § 404.1529(c)(3), but an ALJ may reject alleged work-preclusive side effects when treatment records repeatedly report no side effects and no medical professional attributes disability to them.

Williams v. Commissioner of Social Security · filed 2022-10-18(c)(3)

Indeed, no doctor or medical professional has ever pointed to side effects of Plaintiff’s medication as a basis for disability. Significantly, Plaintiff’s treatment records from Day-Mont repeatedly reflect the notation that Plaintiff’s medications caused no side effects. See, e.g., R. 633, 1025, 1031. Considering the wide discretion enjoyed by an ALJ in evaluating a claimant’s subjective complaints, the Court will not disturb the ALJ’s determination in this case.

Section 404.1529(c)(3)(iv) does not require an ALJ to discuss every item of medication-side-effect evidence when the decision states that side effects and the whole medical record were considered and the claimant did not consistently report those effects.

Maxey v. Commissioner of Social Security · filed 2022-11-28(c)(3)(iv)

Given these circumstances, the Court is satisfied that the ALJ took into account the entirety of the Plaintiff’s medical condition in rendering his determination regarding her reported symptoms, including her medication side effects.

Section 404.1529(a) does not require an RFC limitation for alleged medication or treatment side effects when the record contains no serious functional limitation attributable to them.

Gaspero v. Kijakazi · filed 2022-12-21(a)

Given that, the ALJ did not commit legal error by foregoing side effect-related limitations in the RFC, particularly since the same records the ALJ clearly considered reflect that the side effects were minor and/or dissipated quickly.

An ALJ’s failure to discuss medication side effects under § 404.1529(c)(3) is harmless when it does not affect the ultimate disability determination and the decision otherwise gives specific supported reasons.

Romero v. Kijakazi · filed 2023-01-20(c)(3)

Nonetheless, the court finds this error to be harmless because it is “‘inconsequential to the ultimate nondisability determination.’” Brown-Hunter, 806 F.3d at 492.

Section 404.1529(c)(3)(iv) does not require express discussion of medication side effects when citation to the governing rule and the decision as a whole show they were considered and the alleged effects were not disabling.

Myhand v. Kijakazi (CONSENT) · filed 2023-02-02(c)(3)(iv)

Thus, the ALJ’s citation to the relevant regulations and SSR 16-3p shows she considered Myhand’s medication side effects when she evaluated his subjective testimony.

A statement that the ALJ considered symptoms under § 404.1529 may sufficiently show consideration of medication side effects.

Newton v. Kijakazi (CONSENT) · filed 2023-02-16(c)(3)(iv)

Thus, the ALJ’s statement that he ... considered Newton’s symptoms under § 404.1529 and SSR 16-3p is sufficient to show that ... the ALJ considered the side effects of Newton’s medications in formulating his RFC.

Section 404.1529 does not require an ALJ to discuss alleged medication side effects individually when the ALJ states that the entire record and all symptoms were considered and the evidence supporting disabling side effects is sparse.

Van Sant v. Commissioner of Social Security · filed 2023-03-31(c)(3)(iv)

Moreover, although the ALJ did not specifically discuss the Plaintiff’s alleged side effects in his decision, the ALJ did attest—as noted above—that he gave “consideration [to] the entire record,” including “all [of the Plaintiff’s] symptoms and the extent to which these symptoms [could] reasonably be accepted as consistent with the objective medical evidence and other evidence.” (R. 12, 15) (citing 20 C.F.R. § 404.1529; SSR 16-3p, 2017 WL 5180304). Given this attestation, the paucity of evidence buttressing the Plaintiff’s claim of disabling medication side effects, and the entirety of the ALJ’s decision, the Court is satisfied that the ALJ took into account the full ambit of the Plaintiff’s medical condition in assessing her reported symptoms, including any medication side effects.

An adjudicator may adequately consider medication side effects without discussing them expressly when the decision invokes § 404.1529 and the claimant repeatedly denied side effects to treating doctors.

Carter v. Social Security Administration, Commissioner · filed 2023-09-15(c)(3)(iv)

The ALJ did not specifically mention Ms. Carter’s testimony regarding this side effect, but the ALJ stated in his decision that he had considered all Ms. Carter’s symptoms based on the requirements of 20 C.F.R. § 404.1529 and SSR 16-3p. ... The ALJ’s reference to the relevant regulations indicates that he considered Ms. Carter’s medication side effects when he evaluated her subjective testimony. ... Although Ms. Carter testified at the hearing that “some” of her medications made her drowsy, she repeatedly reported to doctors that she had no medication side effects. ... Here, the ALJ did not fail to consider Ms. Carter’s medication side effect of drowsiness because the ALJ acknowledged that the regulations required him to consider the side effects and because Ms. Carter did not mention to her doctors that her medications made her drowsy.

Section 404.1529(c)(3)(iv) permits alleged medication side effects to be discounted when contemporaneous treatment records show the claimant tolerated the medication without adverse effects.

Gorecki v. Social Security Administration, Commissioner · filed 2023-09-26(c)(3)(iv)

The ALJ stated that “[t]he claimant also testified to debilitating side effects from her globin infusion therapy, yet her records do not confirm such problem or that she even reported the same (Exhibits 7F, 9F–11F, 15F, 16F, 18F, 19F and 20F–24F).” ... The ALJ later noted that at an October 22, 2019 ENT visit, Ms. Gorecki “was tolerating Hizentra Immune Globulin subcutaneously without adverse side effects and was otherwise doing well.” ... The ALJ’s evaluation of Ms. Gorecki’s symptoms was thorough and substantial evidence supports his conclusion.

Section 404.1529(c)(3) requires an ALJ to consider medication side effects when evaluating symptom testimony, including before treating conservative medication choices as a reason to reject alleged limitations.

Baker v. Commissioner of Social Security · filed 2023-12-15(c)(3)

An ALJ must consider the “side effects of any medication an individual takes or has taken” when evaluating a claimant’s symptom testimony. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); SSR 16-3p. The ALJ did not do so here, therefore the Court cannot say Plaintiff’s conservative treatment serves as a valid basis to reject Plaintiff’s testimony.

Section 404.1529 requires the ALJ to consider all symptoms alongside objective and other evidence, including medication side effects and inconsistencies between the claimant’s statements and the rest of the evidence.

Williams-Tibbs v. Social Security · filed 2025-08-25(a), (c)(3)(iv), (c)(4)

Thus, when assessing disability, the ALJ is required to consider all symptoms, including pain, and the extent to which the claimant’s symptoms can reasonably be accepted as consistent with the objective medical evidence, together with other evidence. 20 C.F.R. § 404.1529(a). The ALJ also must consider the “side effects of any medications” the claimant takes. Heck v. Colvin, 674 Fed. App’x. 411, 417 (5th Cir. 2017) (citing 20 C.F.R. § 404.1529(c)(3)(iv)). Finally, the ALJ will assess inconsistencies in the evidence and conflicts between the claimant’s statements and the remainder of the evidence. 20 C.F.R. § 404.1529(c)(4).

Section 404.1529 permits an ALJ to consider the type, dosage, effectiveness, and side effects of medication when evaluating symptoms.

Slaughter v. Kijakazi · filed 2023-08-18(c)(3)(iv)

The ALJ also observed that Plaintiff reported improvement in her mental symptoms when she was compliant with her prescribed medications, which is an appropriate consideration. [R. 141; see 20 C.F.R. § 404.1529(c)(3)(iv) (ALJ may consider “type, dosage, effectiveness, and side effects of any medication [a claimant takes] or [has] taken to alleviate [her] pain or other symptoms”).

Section 404.1529(c)(3) requires consideration of a medication’s type, dosage, effectiveness, and side effects when evaluating symptoms and their effect on work.

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

The Court specifically finds that the ALJ needed to develop the record enough to establish whether “[t]he type, dosage, effectiveness, and side effects of any medication [Plaintiff] take[s] or have taken to alleviate your pain or other symptoms” should have been reflected in his RFC limitations and thus should have impacted his ability to perform his past relevant work.6 20 C.F.R. §§ 404.1545(a)(1), 404.1529(c)(3). Because the ALJ failed to follow these regulations in reaching a disability determination at step four, the Court holds that the ALJ legally erred.

An ALJ assessing symptom complaints must consider activities, symptom characteristics, aggravating factors, medication, and functional restrictions.

Obaid v. Kijakazi · filed 2022-09-12(c)(3)

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

An ALJ evaluating symptom intensity, persistence, and work limitations must consider activities, symptom characteristics, aggravating factors, medication, treatment, relief measures, and other functional factors.

Hill v. Social Security Administration, Commissioner of · filed 2022-09-13(c)(3)

When evaluating the “intensity, persistence, or functionally limiting effects of pain or other symptoms” to determine if the symptoms limit the ability to do work-related activities, courts apply the specific legal standard found in 20 C.F.R. § 404.1529(c)(3) and Social Security Ruling (SSR) 16-3p. This authority instructs the ALJ to consider the following factors when assessing subjective statements: (1) the claimant’s activities of daily living, (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 medications taken to alleviate pain or other symptoms, (5) treatment, other than medication, for relief of pain or other symptoms, (6) any measures other than medication used to relieve pain or other symptoms, and (7) any other factors concerning functional limitations and restrictions due to pain or other symptoms produced by medically determinable impairments.

After finding an impairment that could produce symptoms, an ALJ evaluates their intensity and persistence using history, medical findings, claimant statements, source opinions, activities, and work effects.

Snyder v. Commissioner of Social Security · filed 2022-08-30(c)(1)-(3)

If the ALJ determines that the claimant has a medically determinable impairment that could reasonably produce the claimant’s alleged pain or other symptoms, the ALJ must then evaluate the extent to which the intensity and persistence of those symptoms limit the claimant’s ability to work. 20 C.F.R. § 404.1529(c)(1); 20 C.F.R. § 416.929(c)(1). In doing so, the ALJ considers a variety of evidence, including the claimant’s history, the medical signs and laboratory findings, the claimant’s statements, medical source opinions, and other evidence of how the pain affects the claimant’s daily activities and ability to work. 20 C.F.R. § 404.1529(c)(1)-(3); 20 C.F.R. § 416.929(c)(1)–(3).

An ALJ evaluating symptoms must consider the listed factors and then compare symptom statements with all other evidence and the record as a whole.

Smith v. Kijakazi (CONSENT) · filed 2022-08-31(c)(3), (c)(4)

The ALJ also must consider the factors set forth in 20 C.F.R. § 404.1529(c)(3), including (1) daily activities; (2) the location, duration, frequency, and intensity of pain or other symptoms; (3) any precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of the claimant’s medication; (5) any treatment other than medication; (6) any measures the claimant used to relieve his pain or symptoms other than treatment; and (7) any other factors concerning the claimant’s functional limitations and restrictions due to his pain or symptoms. ... The ALJ then must examine the claimant’s statements about the intensity, persistence, and limiting effects of symptoms in relation to all other evidence and consider whether they are consistent with the record as a whole.

An ALJ evaluating symptom intensity and persistence uses all evidence and the regulatory factors, including activities, symptom characteristics, aggravating factors, medication, and nonmedication treatment.

Lautz v. Commissioner of Social Security · filed 2022-08-31(c)(3)

The ruling specifies that the SSA uses “all of the evidence to evaluate the intensity, persistence, and limiting effects of an individual's symptoms,” but continues to utilize the regulatory factors relevant to a claimant's symptoms, including daily activities, the location, duration, frequency, and intensity of pain or other symptoms, factors that precipitate and aggravate the symptoms, the type, dosage, effectiveness, and side effects of any medication an individual takes or has taken to alleviate pain or other symptoms; and treatment, other than medication, an individual receives or has received for relief of pain or other symptoms. SSR 16-3p, 2017 WL 5180304, at *7-8; 20 C.F.R. § 404.1529(c)(3).

An ALJ evaluating symptoms considers objective evidence, symptom characteristics, activities, aggravating factors, medication effectiveness, treatment, relief measures, and conflicts in the evidence.

Light v. Social Security Administration, Commissioner · filed 2022-08-18(c)(3), (c)(4)

In making such an evaluation, the ALJ considers the objective medical evidence, the nature of the claimant’s symptoms, the claimant’s daily activities, any precipitating and aggravating factors, the effectiveness of medication, the treatment sought for relief of symptoms, any measures ... the claimant takes to relieve the symptoms, and any conflicts between the claimant’s statements and other record evidence. See 20 C.F.R. §§ 404.1529(c)(3), (4), 416.929(c)(3), (4).

An ALJ evaluating symptom testimony should consider daily activities, symptom characteristics, aggravating factors, medication, treatment, relief measures, and other functional factors.

Johnson v. Commissioner of Social Security · filed 2022-08-18(c)(3)

When evaluating a claimant’s testimony, the ALJ should consider: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication to alleviate pain or other symptoms; (5) treatment other than medication for relief of pain or other symptoms; (6) any measures a claimant uses to relieve pain or other symptoms; and (7) other factors concerning a claimant’s functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); Ross v. Comm’r of Soc. Sec., 794 F. App’x 858, 867 (11th Cir. 2019).

When reported symptoms suggest greater severity than objective evidence shows, an ALJ considers activities, treatment frequency, medication, and inconsistencies with other evidence.

Heath v. Commissioner of Social Security · filed 2022-08-19(c)(3)-(4)

When the reported pain and/or other symptoms suggest an impairment of greater severity than can be shown by objective medical evidence, the administrative law judge will consider other information and factors which may be relevant to the degree of pain alleged. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). Included in these considerations are the claimant’s level of daily activity, the frequency that the claimant has sought treatment, the medication used to alleviate the alleged pain or other symptoms, and whether there are “any inconsistencies in the evidence and the extent to which there are any conflicts between your statements and the rest of the evidence . . .” 20 C.F.R. §§ 404.1529(c)(3)-(4), 416.929(c)(3)-(4); see also Social Security Ruling 16-3p.

An ALJ cannot reject subjective complaints solely for lack of objective substantiation and should consider activities, symptom characteristics, aggravating factors, medication, treatment, and relief measures.

Newton v. Social Security Administration, Commissioner · filed 2022-08-22(c)(2), (c)(3)

Furthermore, while Newton is correct that an ALJ may not reject a claimant’s subjective complaints solely because the objective medical evidence does not substantiate the complaints, 20 C.F.R. § 404.1529(c)(2), this regulation instructs ALJs to “carefully consider any other information [a claimant] may submit about [his] symptoms” and provides the following six non-exhaustive factors when evaluating the subjective complaints: daily activities; “the location, duration, frequency, and intensity” of other symptoms; “precipitating and aggravating factors;” “the type, dosage, effectiveness, and side effects” of medication taken to alleviate symptoms; any other treatment for alleviating symptoms; and measures a claimant used to alleviate the symptoms. 20 C.F.R. § 404.1529(c)(3).

Objective evidence, treatment level, and medical opinions are each valid considerations when evaluating symptom intensity and persistence.

Sharp v. Commissioner of Social Security · filed 2022-08-22(c)(1)-(3)

The lack of objective medical evidence was a valid consideration. See 20 C.F.R. § 404.1529(c)(2) (“We must always attempt to obtain objective medical evidence and, when it is obtained, we will consider it in reaching a conclusion as to whether you are disabled”). ... The level of treatment was a valid consideration. See 20 C.F.R. § 404.1529(c)(3) (stating that medications, other treatment, and other measures used to address symptoms are considered). Further, the ALJ discussed and relied upon the medical opinion evidence, which did not mention any migraine-related functional limitations (Tr. 668). The medical opinion evidence was also a valid consideration. See 20 C.F.R. § 404.1529(c)(1) (“We also consider the medical opinions”).

When symptom statements are not fully supported by objective evidence, an ALJ may consider daily activities, medication effectiveness, treatment, and other functional factors.

Copley v. Commissioner of Social Security · filed 2022-08-22(c)(3)

Therefore, the ALJ appropriately considered other information and factors that may be relevant to the degree or intensity of the pain and other symptoms alleged by Plaintiff (Id.). See 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). More specifically, the ALJ assessed Plaintiff’s daily activities; the type and effectiveness of prescribed medications; the treatment that Plaintiff received for her conditions; and other factors concerning Plaintiff’s functional limitations and restrictions due to pain or other symptoms (Id.). See 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3).

Section 404.1529 requires an ALJ forming residual functional capacity to assess subjective allegations with medical evidence and other factors such as activities, pain frequency and intensity, medication and side effects, and symptom-relief measures.

Henry v. Commissioner of Social Security · filed 2022-08-01(a), (c)(2)-(3)

When forming the RFC, an ALJ must assess the claimant’s subjective allegations alongside medical records and physician opinions. 20 C.F.R. §§ 404.1520c, 404.1529(a). A claimant’s statement that she is experiencing pain or other symptoms will not, taken alone, establish that she is disabled. See 20 C.F.R. § 404.1529(a); Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 530 (6th Cir. 1997); Duncan v. Sec’y of Health & Human Servs., 801 F.2d 847, 853 (6th Cir. 1986). There must be medical signs and laboratory findings which show the existence of a medical impairment that could reasonably be expected to produce the pain alleged. Walters, 127 F.3d at 530; Duncan, 801 F.2d at 854. 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). ... The undersigned finds no error.

An ALJ must give subjective complaints due consideration in context with objective evidence and consider activities, symptom characteristics, medication, treatment, and other relief measures.

Clemons v. Commisioner of Social Security · filed 2022-08-05(a), (c)(3)

In determining whether the claimant is disabled, the ALJ must “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); ... Additionally, the ALJ should consider the claimant's daily activities; location, duration, frequency, and intensity of pain; precipitating and aggravating factors; type, dosage, effectiveness, and side effects of medications; treatment other than medication; and other measures the claimant uses to address the pain or other symptoms. 20 C.F.R. § 404.1529(c)(3).

After the initial pain standard is satisfied, an ALJ evaluates symptom intensity, persistence, and work effects using objective evidence, symptom characteristics, activities, aggravating factors, medication, treatment, relief measures, and inconsistencies.

Skirlock v. Social Security Administration, Commissioner · filed 2022-08-08(c)(3), (c)(4)

If the first part of the pain standard is satisfied, the ALJ then evaluates the intensity and persistence of Plaintiff’s alleged symptoms and their effect on his ability to work. See 20 C.F.R. §§ 404.1529(c), 416.929(c); Wilson, 284 F.3d at 122526. In evaluating the extent to which the Plaintiff’s symptoms, such as pain, affect his capacity to perform basic work activities, the ALJ will consider (1) objective medical evidence, (2) the nature of Plaintiff’s symptoms, (3) the Plaintiff’s daily activities, (4) precipitating and aggravating factors, (5) the effectiveness of medication, (6) treatment sought for relief of symptoms, (7) any measures the Plaintiff takes to relieve symptoms, and (8) any conflicts between a Plaintiff’s statements and the rest of evidence.

Section 404.1529(c)(3) requires the adjudicator to consider specified additional evidence, including daily activities, symptom characteristics, aggravating factors, medication, and other relief measures, when evaluating symptom credibility.

May v. SSA · filed 2002-05-16(c)(3)

In recognition of the fact that an individual's symptoms can sometimes suggest a greater level of severity of impairment than can be shown by the objective medical evidence alone, 20 C.F.R. 404.1529(c) and 416.929(c) describe the kinds of evidence, including the factors below, that the adjudicator must consider in addition to the objective medical evidence when assessing the credibility of an individuals' statements. ... Those factors include the claimant's daily activities; the location, duration, frequency, and intensity of the claimant's pain or other symptoms; factors that precipitate and aggravate the symptoms; the type dosage, effectiveness, and side effects of any medication the claimant takes (or has taken) to alleviate pain or other symptoms; and any measures other than medication that the claimant receives (or has received) for relief of pain or other symptoms. ... 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) requires an ALJ evaluating a claimant’s pain allegations to consider daily activities, pain characteristics, aggravating factors, medication, and other treatment.

Tiemann, Barbara J. v. Barnhart, Jo Anne B. · filed 2005-10-25(c)(3)

When evaluating an applicant’s allegations of pain, the ALJ must consider various factors including daily activities; the duration, location, and frequency of pain; aggravating factors; medication; and other treatments.

Section 404.1529(c)(3)(i)-(vii) identifies factors for evaluating a claimant's symptoms and does not require a formal factor-by-factor analysis when the relevant factors have been sufficiently considered.

Cullen v. Astrue · filed 2007-03-13(c)(3)(i-vii)

The Commissioner has promulgated regulations suggesting factors to be considered in evaluating credibility which overlap and expand the factors stated by the court: Daily activities; location, duration, frequency, and intensity of symptoms; factors precipitating and aggravating symptoms; type, dosage, effectiveness, and side effects of medications taken to relieve symptoms; treatment for symptoms; measures plaintiff has taken to relieve symptoms; and other factors concerning limitations or restrictions resulting from symptoms. 20 C.F.R. § 404.1529(c)(3)(i-vii). ... It is possible plaintiff is arguing that the ALJ failed to consider particular regulatory factors present in this case and relevant to the credibility determination. However, plaintiff does not point to particular factors which were not considered by the ALJ, which are relevant in this case, and which require a finding contrary to that of the ALJ. The court recognizes no obvious omissions in the ALJ’s consideration and notes that, as discussed above, the ALJ’s explanation relies upon the regulatory factors and other factors relevant to a credibility finding in this case. The court will not insist upon a formalistic factor-by-factor analysis of the evidence. ... Thus, the ALJ sufficiently considered the factors relevant to a determination of credibility.

Section 404.1529(c) directs an ALJ evaluating symptoms to consider daily activities, symptom characteristics, precipitating factors, medication, treatment, other relief measures, and other evidence concerning functional limitations.

Quintanilla v. Astrue · filed 2008-06-27(c), (c)(3)

In recognition of the fact that an individual’s symptoms can sometimes suggest a greater level of severity of impairment than can be shown by objective medical evidence, SSR 96-7P establishes seven factors, outlined in 20 C.F.R. §§ 404.1529(c) and 416.929(c), which the ALJ should consider: (1) the individual’s daily activities; (2) the location, duration, frequency, and intensity of the individual’s pain or other symptoms; (3) factors that precipitate and aggravate the symptoms; (4) the type, dosage, effectiveness, and side effects of any medication the individual takes or has taken to alleviate pain or other symptoms; (5) treatment, other than medication, the individual receives or has received for relief of pain or other symptoms; (6) any measures other than treatment the individual uses or has used to relieve pain or other symptoms, such as lying flat, standing for fifteen to twenty minutes every hour, or sleeping on a board; (7) any other factors concerning the individual’s functional limitations and restrictions due to pain or other symptoms. SSR 96-7P, 1996 WL 374186, at *3.

Section 404.1529(c)(3) requires adjudicators to consider evidence beyond objective medical evidence, including specified factors, when assessing the credibility of a claimant’s statements about symptoms.

Pacheco v. SSA · filed 2009-02-24(c)(3)

In recognition of the fact that an individual’s symptoms can sometimes suggest a greater level of severity of impairment than can be shown by the objective medical evidence alone, 20 C.F.R. 404.1529(c) and 416.929(c) describe the kinds of evidence, including the factors below, that the adjudicator must consider in addition to the objective medical evidence when assessing the credibility of an individuals’ statements. ... Those factors include the claimant’s daily activities; the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; factors that precipitate and aggravate the symptoms; the type dosage, effectiveness, and side-effects of any medication the claimant takes (or has taken) to alleviate pain or other symptoms; and any measures other than medication that the claimant receives (or has received) for relief of pain or other symptoms. ... See also Avery, 797 F.2d at 2 3 ; 20 C.F.R. § 404.1529(c)(3).

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

Morgan v. Astrue · filed 2009-05-22(c)(3)

The ALJ, in this case, conducted a thorough, reasoned analysis of plaintiffs credibility in accordance with SSR 96-7p’s requirements as well as the requirements of 20 C.F.R. § 404.1529, examining plaintiffs daily activities (R. 19), the location, duration, frequency, and intensity of plaintiffs pain and other symptoms (R. 21-23), precipitating and aggravating factors (R. 23), the type, dosage, and side effects of plaintiffs medications (R. 23), additional treatment (R. 23), and functional limitations (R. 23). Based on these factors, as well as the statement of plaintiffs other sister Ruth Smith, the ALJ determined that the limitations asserted in the testimony of Alice Smith “are not fully consistent with the objective medical record and are not sufficient to keep [plaintiff] from working at the level I have assessed.” (R. 24). Nothing about this determination was inconsistent with SSR 96-7p or 20 C.F.R. § 404.1529.

Section 404.1529(c)(3) directs the ALJ to consider claimant-presented evidence about subjective symptoms and lists relevant factors for assessing their functional impact, but it does not specify the findings required to discredit subjective pain reports.

Vasquez v. Astrue · filed 2009-07-08(c)(3)

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

Section 404.1529(c) requires an ALJ evaluating the intensity, persistence, and limiting effects of symptoms to consider specified evidence in addition to objective medical evidence.

KOISCH v. Astrue · filed 2009-08-20(c)

In determining a claimant’s RFC, the ALJ must follow a two step process. First, the ALJ must determine whether there is an underlying medically determinable physical or mental impairments that could reasonably be expected to produce the claimant’s pain or other symptoms. (R. at 22-23.) Second, once an underlying physical or mental impairment that could reasonably be expected to produce the claimant’s symptoms has been shown, the ALJ must evaluate the intensity, persistence, and limiting effects of those symptoms to determine to what extent they limit the claimant’s ability to do basic work activities. Because a claimant’s symptoms can sometimes suggest a greater level of severity of impairment than can be shown by medical evidence alone, 20 C.F.R. § 404.1529(c) describes the kinds of evidence that the ALJ must consider in addition to the objective medical evidence when determining credibility. Such evidence includes: (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 effects of any medication the claimant takes or has taken to alleviate the symptoms; (5) treatment, other than medication, the claimant receives or has received for relief of the symptoms; (6) any measures other than treatment the claimant uses or has used to relieve pain or other symptoms; and (7) any factors concerning the claimant’s functional limitations and restrictions due to pain or other symptoms. (R. at 23; SSR 96-7p.)

Section 404.1529(c)(3) requires an ALJ assessing a claimant's statements to consider the claimant's daily activities, the characteristics of the claimant's symptoms, medication details, and other treatment.

Calabrese v. Astrue · filed 2009-12-23(c)(3)

These findings, all of which are supported by the record, comport with the requirement that, in assessing the credibility of a claimant’s statements, an ALJ must consider, inter alia, the claimant’s daily activities; the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; the type, dosage, effectiveness, and side effects of any medication the claimant takes to alleviate the pain or other symptoms; and any treatment, other than medication, the claimant receives or has received. See 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) identifies evidence the Commissioner should consider in determining how a claimant's symptoms affect her capacity to function, but it does not specify the findings required before an ALJ may reject allegations of disabling pain.

Vasquez v. Astrue · filed 2009-07-08(c)(3)

The Commissioner's argument that the ALJ's findings were proper under 20 C.F.R. §§ 404.1529(c)(3) and 416.929(c)(3) [3] is similarly incorrect. Both regulations deal with evidence the Commissioner should consider in determining how a claimant's symptoms may affect her capacity to function under the guidelines; neither describe what findings are required before an ALJ can reject a claimant's allegations of disabling pain.

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

Benedict W. Talbot, Jr. v. Commr. of Soc. Security · filed 2010-06-16(c)(3)

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

Section 404.1529(c)(3) directs adjudicators evaluating a claimant’s symptoms to consider relevant factors such as medication use and daily activities.

Sitsler v. Astrue · filed 2011-01-10(c)(3)

Although the ALJ listed the factors relevant to a credibility determination, see 20 C.F.R. §§ 404.1529(c)(3) & 416.929(c)(3), Mr. Sitsler contends that the ALJ failed to properly evaluate these factors. Some of his arguments ask this court to reweigh the evidence, but two of the issues he raises have merit. First, the ALJ failed to expressly consider his consistent use of prescription pain medication. Second, the ALJ mischaracterized the evidence of his daily activities.

Section 404.1529(c)(2)-(4) requires an ALJ evaluating a claimant's symptoms to consider the objective medical evidence, descriptions of the symptoms, treatments used to assuage those symptoms, and the claimant's daily activities.

Mueller v. Astrue · filed 2012-05-17(c)(2)-(4)

In examining the credibility of the claimant, the ALJ must take a number of factors into account, including the objective medical evidence, descriptions of the symptoms, treatments used to assuage those symptoms, and the daily activities of the claimant.

Section 404.1529(c)(3) requires an ALJ to consider specified evidence, in addition to objective medical evidence, when assessing the credibility of an individual's statements about symptoms.

Timmons v. Colvin · filed 2013-12-20(c)(3)

Under 20 C.F.R; § 404.1529(c)(3), the kinds of evidence that the ALJ must consider, in addition to the objective medical evidence, when assessing the credibility of an individual’s statements include: the individual’s daily activity; location, duration, frequency, and intensity of the individual’s symptoms; factors precipitating and aggravating the symptoms; the type, dosage, effectiveness, and side effects of medication taken to alleviate the symptoms; treatment,' other than medication, received for relief of the symptoms; any non-treatment measures the individual uses to relieve pain or symptoms; and other factors concerning the individual’s functional limitations and restrictions due to pain or other symptoms.

Section 404.1529(c)(3) requires an ALJ evaluating a claimant's pain to consider the relevant evidence, including the listed symptom factors and the claimant's prior work record.

Ryan v. Astrue · filed 2014-03-18(c)(3)

Third, while the ALJ highlighted the discrepancy between the findings from plaintiffs examining physicians in 2009 and plaintiffs claimed limitations on his ability to walk, he did not cite or discuss many of the factors he is required to consider pursuant to Section 404.1529(c)(3)(i)-(vii) in assessing claimant’s statements regarding his pain. ... Although the ALJ was not required to address every factor set forth in 20 C.F.R. § 404.1529(c)(3) before making a credibility determination, ... here the ALJ addressed one of the seven factors, and, as explained above, did so incorrectly. This is inadequate under the regulations. ... In addition, the ALJ did not consider plaintiffs fifteen-year work history in assessing his credibility as required by Section 404.1529(c). 20 C.F.R. § 404.1529(c)(3) (“We will consider all of the evidence presented, including information about your prior work record.... ”). ... the ALJ should have considered it.

Section 404.1529(c)(3) identifies specific credibility factors that an ALJ must consider when evaluating a claimant’s symptoms.

Smith v. Astrue · filed 2013-07-05(c)(3)

However, the ALJ specifically evaluated Smith's complaints regarding his symptoms, and in doing so, did take into account each of the factors set out in Section 1529(c)(3).

Section 404.1529(c)(3) requires an ALJ evaluating a claimant's credibility to consider the medications, treatment, and other measures used to address the impairment.

Squeglia v. Berryhill, Acting Commissioner of Social Security · filed 2017-02-28(c)(3)

To the contrary, the ALJ is required to consider the medications, treatment, and other measures the claimant used to address the impairment in determining credibility. § 404.1529(c)(3).

Section 404.1529 requires an ALJ to consider evidence from medical and non-medical sources when evaluating the intensity and persistence of a claimant’s symptoms, but does not require the ALJ to discuss every piece of evidence.

Mink v. Berryhill · filed 2018-07-19

An ALJ must consider all evidence from medical and non-medical sources in evaluating the intensity and persistence of a claimant’s symptoms. 20 C.F.R. § 404.1529. However, an ALJ is not required to discuss all the evidence of record, and the failure to cite specific evidence does not mean that the ALJ ignored it.

Section 404.1529(c)(3) identifies factors an ALJ should consider when evaluating a claimant's subjective symptoms, including objective medical evidence, daily activities, pain, aggravating factors, treatment, medication, and functional limitations.

Tolefree v. Colvin · filed 2018-09-21(c)(3)

Factors that should be considered include the objective medical evidence, the claimant’s daily activities, allegations of pain, aggravating factors, the types of treatment received, any medications taken, and functional limitations. Prochaska v. Barnhart, 454 F.3d 731, 738 (7th Cir.2006); See also 20 C.F.R. § 404.1529(c)(3); SSR 96–7p.

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 or treatment-related functional restrictions.

Frazier v. Berryhill · filed 2019-01-10(c)

An ALJ’s analysis should consider the claimant’s daily activities; the frequency and intensity of her symptoms; the dosage and side effects of medications; non-medication treatment; factors that aggravate her 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)(i) requires an ALJ to consider a claimant’s activities of daily living as part of the overall analysis of subjective complaints.

Ramsey v. Social Security · filed 2019-04-08(c)(3)(i)

However, the ALJ should consider a claimant’s activities of daily living as part of her overall analysis of his subjective complaints. See 20 C.F.R. § 404.1529(c)(3)(i); Schmidt, 496 F.3d at 844.

Section 404.1529(c)(3) treats treatment effectiveness as a relevant factor in evaluating symptom severity and does not list pre-onset evidence as a relevant factor.

Woodbrook · filed 2019-06-06(c)(3)

Evidence prior to onset date is not listed as a relevant factor in considering symptoms of impairment. See 20 C.F.R. § 404.1529(c)(3), 416.929(c). ... 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).

Section 404.1529(c)(3) directs an ALJ to consider all the evidence in the record and the listed factors when evaluating a claimant’s subjective symptoms.

Hays v. Commissioner of Social Security · filed 2019-07-15(c)(3)

In addressing Plaintiff’s subjective symptoms, the ALJ must consider all the evidence in the record. 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) permits an ALJ evaluating symptoms to consider factors including a claimant's daily activities, symptom characteristics, medication, treatment, and functional limitations.

RIDENHOUR v.SAUL · filed 2019-08-19(c)(3)

The ALJ was entitled to consider all of these factors under 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) identifies a claimant's daily activities and treatment as factors to consider when evaluating subjective complaints.

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

Furthermore, Plaintiff’s activities of daily living contradicted her self-reported symptoms. For example, she took care of her personal hygiene, gardened outside, read, did word puzzles and brain exercises, performed household chores with assistance, watched television including forensic shows and the news, used social media, rode her bicycle, and drove short distances. (R. at 417, 422, 444, 484, 657–58, 679.); see 20 C.F.R. § 404.1529(c)(3) (activities and treatment considered in evaluating subjective complaints); Foster, 853 F.2d at 489–90 (activities of daily living are involved in consideration of the RFC determination).

Section 404.1529(c)(3) treats the effectiveness of treatment as a relevant factor in determining symptom severity; treatment evidence must be assessed in light of the overall diagnostic record.

Bortolamedi v. Berryhill · filed 2019-08-27(c)(3)

Regarding improvement, 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); see Tommasetti v. Astrue, 533 F.3d 1035, 1040 (9th Cir. 2008) (a favorable response to treatment can undermine a claimant’s complaints of debilitating pain or other severe limitations). However, “treatment records must be viewed in light of the overall diagnostic record.” Ghanim, 763 F.3d at 1164. ... Here, the ALJ noted that Plaintiff reported (1) improvement in her sleep and mood, as well as decreased “symptoms” when she started taking Seroquel and (2) improvement with medication change in September 2014 and that she was more motivated and beginning to enjoy things. AR 64 (citing Exs. 2F/9-11, 7F/14-16 (medical records)). When these notes are read in light of the entire record (and even in the context of the medical records in which they appear), they do not provide substantial evidence to discredit Plaintiff’s symptom testimony.

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

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

When evaluating the credibility of a claimant’s subjective statements, an ALJ must consider: (1) claimant’s daily activities; (2) the location, duration, frequency, and intensity of claimant’s pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication claimant takes or has taken to alleviate claimant’s pain or other symptoms; (5) treatment, other than medication, claimant receives or has received for relief of claimant’s pain or other symptoms; (6) any measures claimant uses or has used to relieve claimant’s pain or other symptoms . . . ; and (7) other factors concerning claimant’s functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529(c)(3); Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir. 1984).

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

Conder v. Saul · filed 2019-09-11(c)(3)

In doing so, the ALJ considers all evidence relating to the claimant’s subjective complaints, including: (1) the claimant’s daily activities; (2) the duration, intensity, and frequency of pain; (3) the precipitating and aggravating factors; (4) the dosage, effectiveness, and side effects of medication; and (5) any functional restrictions. Polaski, 739 F.2d at 1322; see also, 20 C.F.R. § 404.1529.

Section 404.1529(c)(3) identifies medication effectiveness, treatment efforts, medical contacts, daily activities, and consistency with objective evidence as factors in evaluating symptom severity and limiting effects.

Eutsler v. Social Security Administration · filed 2019-09-18(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). ... The court finds that the ALJ performed an adequate credibility analysis. The ALJ cited numerous grounds, tied to the evidence, for the credibility finding, including Plaintiff’s inconsistent statements with the medical evidence. [R. 20-25]. The ALJ thus properly linked his credibility finding to the record and the court finds no reason to deviate from the general rule to accord deference to the ALJ’s credibility determination.

Section 404.1529 requires an ALJ to consider a claimant’s statements about symptoms and weigh them with objective medical evidence and specified factors, including daily activities, treatment, medication, and functional limitations.

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

In making a disability determination, the ALJ must consider a claimant’s statements about her symptoms, such as pain, and how the symptoms affect her daily life and ability to work. See 20 C.F.R. § 404.1529(a); SSR 16-3p, 2017 WL 5180304, *2 (Oct. 25, 2017). ... The ALJ must weigh the claimant’s subjective complaints, the relevant objective medical evidence, and any other evidence of the following factors: (i) The individual’s daily activities; (ii) Location, duration, frequency, and intensity of pain or other symptoms; (iii) Precipitating and aggravating factors; (iv) Type, dosage, effectiveness, and side effects of any medication; (v) Treatment, other than medication, for relief of pain or other symptoms; (vi) Other measures taken to relieve pain or other symptoms; (vii) Other factors concerning functional limitations due to pain or other symptoms. See 20 C.F.R. § 404.1529(c)(3); see also SSR 16-3p, 2017 WL 5180304, at *7–8.

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

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

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

Section 404.1529 permits an ALJ to consider a claimant’s failure to comply with treatment when evaluating the claimant’s subjective complaints.

Paster v. Berryhill · filed 2019-09-23

An ALJ can appropriately consider that a claimant’s subjective complaints are undermined by failure to comply with treatment. See 20 C.F.R. § 404.1529, SSR 16-3p.

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

Thompson v. Social Security Administration, Commissioner · filed 2019-09-24(c)(3)

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

Section 404.1529(c)(3) permits consideration of factors such as a claimant’s work history and the effectiveness of treatment when evaluating the intensity and limiting effects of symptoms.

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

See Thomas, 278 F.3d at 958-59 (a claimant's work record is an appropriate consideration in weighing her symptom complaints); 20 C.F.R. § 404.1529(c)(3) (2011). ... See Burch v. Barnhart, 400 F.3d 676, 681 (9th Cir. 2005) (an ALJ may find a claimant’s subjective symptom testimony not credible based on evidence of effective responses to treatment); see also 20 C.F.R. §§ 404.1529(c)(3)(v), 416.929(c)(3).

Section 404.1529(c)(3) permits an ALJ to consider the effectiveness of treatment when evaluating the severity of a claimant’s symptoms.

Decarlo v. Berryhill · filed 2019-10-03(c)(3)

Generally, 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); see also Tommasetti, 533 F.3d at 1039-1040; Warre v. Comm’r of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006). Accordingly, substantial evidence of effective treatment may provide a specific, clear, and convincing reason to discount a claimant’s subjective symptom testimony.

Section 404.1529 identifies treatment other than medication and measures used to relieve pain or symptoms as additional factors in evaluating a claimant's symptoms, although this court did not require separate analysis of them under Eighth Circuit precedent.

Strother v. Social Security Administration Commissioner · filed 2019-10-16

Social Security Regulations 20 C.F.R. § 404.1529 and 20 C.F.R. § 416.929 require the analysis of two additional factors: (1) “treatment, other than medication, you receive or have received for relief of your pain or other symptoms” and (2) “any measures you use or have used to relieve your pain or symptoms (e.g., lying flat on your back, standing for 15 to 20 minutes every hour, sleeping on a board, etc.).” However, under Polaski and its progeny, the Eighth Circuit has not yet required the analysis of these additional factors. See Shultz v. Astrue, 479 F.3d 979, 983 (2007). Thus, this Court will not require the analysis of these additional factors in this case.

Section 404.1529(c)(3) requires an ALJ evaluating symptoms to consider relevant evidence and factors, including the claimant's statements, treatment response, and daily activities, when assessing their intensity, persistence, and limiting effects.

Schnieders v. Social Security Administration, Commissioner of · filed 2019-10-24(c)(3)

Contrary to Plaintiff’s assertion, the ALJ’s decision shows that she considered the objective medical evidence, Plaintiff’s statements and statements from other individuals, and other factors under the regulation, 20 C.F.R. 404.1529(c). (Tr. at 18.) ... Additionally, the ALJ discussed that Plaintiff’s treatment showed improvement of her symptoms. ... This is a consideration under the regulation. See 20 C.F.R. § 404.1529(c)(3)(iv). ... The ALJ also considered Plaintiff’s daily activities in discounting the severity of her symptoms. 20 C.F.R. § 404.1529(c)(3)(i) (the ALJ is to consider activities of daily living when assessing Plaintiff’s symptoms).

Section 404.1529(c)(3)(iv)-(v) permits an adjudicator to consider a claimant's medication and treatment, including minimal treatment and medication management, when assessing the credibility of the claimant's complaints.

Lovato v. Commissioner, Social Security Administration · filed 2019-10-31(c)(3)(iv)-(v)

Relatedly, the ALJ noted that plaintiff received minimal treatment for his psychological impairment and appeared to be managed on medication prescribed by his primary care provider. (Tr. 23.) These too are appropriate considerations in assessing the credibility of a claimant’s complaints. See 20 C.F.R. § 404.1529(c)(3)(iv)-(v); Barnett v. Apfel, 231 F.3d 687, 690 (10" Cir. 2000); Fernandez v. Colvin, 2014 WL 928246 at *3 (D. Colo. March 10, 2014).

Section 404.1529(c)(3) requires an ALJ to consider specified factors when evaluating the intensity, persistence, and limiting effects of a claimant's pain or other symptoms.

Zandonai v. Saul · filed 2019-11-26(c)(3)

When evaluating the intensity, persistence, and limiting effects of Plaintiff's symptoms, the ALJ must consider the following factors: (i) Your daily activities; (ii) The location, duration, frequency, and intensity of your pain or other symptoms; (iii) Precipitating and aggravating factors; (iv) The type, dosage, effectiveness, and side effects of any medication you take or have taken to alleviate your pain or other symptoms; (v) Treatment, other than medication, you receive or have received for relief of your pain or other symptoms; (vi) Any measures you use or have used to relieve your pain or other symptoms (e.g., lying flat on your back, standing for 15 to 20 minutes every hour, sleeping on a board, etc.); and (vii) Other factors concerning your functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529(c)(3); see also SSR 16-3p, 2016 WL 1119029, at *7 (Mar. 16, 2016).

Section 404.1529(c)(3) requires an ALJ to consider a claimant's prior work history as one factor when assessing the credibility of subjective complaints.

Riddle v. Commissioner, Social Security Administration · filed 2019-12-05(c)(3)

“A claimant’s prior work history is one of many factors an ALJ must consider in assessing the credibility of a claimant’s subjective complaints of disabling pain.” Campbell v. Barnhart, 56 F. App’x 438, 441 (10th Cir. 2003) (unpublished) (citing 20 C.F.R. § 404.1529(c)(3)). ... The Court finds no reference to Mr. Riddle’s work history in the ALJ’s assessment of Mr. Riddle’s credibility. Accordingly, on remand, the ALJ should consider and address Mr. Riddle’s work history in making his credibility determination.

Section 404.1529(c)(3) requires the ALJ to consider specified factors, including daily activities, symptom characteristics, precipitating factors, medication and treatment, relief measures, and other functional-limitations factors, when evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms.

Bruggeman v. Saul · filed 2020-01-02(c)(3)

In evaluating the intensity, persistence, and limiting effects of the alleged symptoms, the ALJ must base his analysis on the entire record and consider a variety of factors, including: the claimant’s daily activities; the location, duration, frequency, and intensity of the symptoms; factors that precipitate and aggravate the symptoms; the type, dosage, effectiveness, and side effects of any medication the claimant takes; treatment, other than medication, used for relief of the symptoms; other measures the claimant uses to relieve the symptoms; and any other factors concerning the claimant’s functional limitations due to the symptoms. SSR 16-3p (citing 20 C.F.R. § 404.1529(c)(3)). The ALJ clearly did this in his very thorough analysis. (Tr. 23–27.)

Section 404.1529(c)(3) directs an ALJ evaluating symptoms to consider daily activities, treatment, and prior work record as relevant factors.

Sanchez v. Social Security Administration · filed 2020-01-15(c)(3)(i), (c)(3)(iv)-(v)

The ALJ was required to consider Ms. Sanchez’s reported activities in evaluating her subjective complaints of pain and disabling symptoms. She did so, and her finding that Ms. Sanchez’s complaints were inconsistent with her daily activities was supported by substantial evidence. See 20 C.F.R. § 404.1529(c)(3)(i) (indicating that activities of daily living are “an important indicator of the intensity and persistence of [a claimant’s] symptoms”). ... While there may be more than one reason for a claimant to avoid taking narcotics, “type of treatment” remains one factor, among many, that an ALJ is to consider in evaluating claims of disabling symptoms. See 20 C.F.R. § 404.1529(c)(3)(iv)–(v). ... A claimant’s “prior work record” is properly considered when evaluating subjective complaints of pain and disabling symptoms. See 20 C.F.R. § 404.1529(c)(3) (instructing ALJs to consider, among other evidence, “information about [a claimant’s] prior work record” in evaluating a claimant’s symptoms).

Section 404.1529(c)(3) permits an ALJ, when assessing a claimant's subjective symptom complaints, to consider daily activities, precipitating and aggravating factors, and the type and effectiveness of treatments.

Tuttle v. Saul · filed 2020-02-24(c)(3)

In assessing a claimant’s subjective symptom complaints, an ALJ may consider the claimant’s daily activities, precipitating and aggravating factors, and the type and effectiveness of treatments. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3).

Section 404.1529(c)(3) permits an ALJ to consider observations by Social Security employees and others when evaluating the intensity and persistence of a claimant's symptoms.

(SS) Oliver v. Commissioner of Social Security · filed 2020-02-28(c)(3)

Notably, as the Commissioner argues, the Regulations provide observations of Social Security employees and others may be considered when “[e]valuating the intensity and persistence of [a claimant’s] symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3).

Section 404.1529(c)(3) requires an ALJ to acknowledge and consider the listed factors before discounting a claimant's subjective complaints.

Reading v. Berryhill · filed 2020-03-02(c)(3)

Instead, the ALJ should consider all evidence in the record and incorporate the factors to be considered under the regulations. 20 C.F.R. § 404.1529(c)(3). These factors include plaintiff’s daily activities; the location, duration, frequency, and intensity of pain; the medication used to alleviate symptoms; any other treatment for pain; any other measures taken by the claimant to relieve symptoms; and failure to comply with treatment. Id. The ALJ only need acknowledge and consider those factors before discounting a claimant's subjective complaints. Masterson, 363 F.3d at 738.

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

(SS) Mack v. Commissioner of Social Security · filed 2020-03-13(c)(3)(i)-(vii)

Pursuant to 20 C.F.R. §§ 404.1529 and 416.929, factors relevant to a claimant’s symptoms which the ALJ will consider include: (1) the claimant’s 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 the claimant takes or has taken to alleviate pain or other symptoms; (5) treatment, other than medication, the claimant receives or has received for relief of pain or other symptoms; (6) any measures the claimant uses or has used to relieve pain or other symptoms (e.g., lying flat on the back, standing for 15 to 20 minutes every hour, sleeping on a board, etc.); and (7) other factors concerning the claimant’s functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. §§ 404.1529(c)(3)(i)-(vii), 416.929(c)(3)(i)-(vii). ... Plaintiff’s contention that the ALJ did not consider Plaintiff’s daily activities is not supported.

Section 404.1529(c)(3) directs an ALJ assessing symptom severity to consider relevant factors, including medication side effects and a claimant’s work history.

(SS) Dodson v. Commissioner of Social Security · filed 2020-03-25(c)(3), (c)(3)(iv)

In assessing a claimant’s statements regarding the severity of her symptoms, the ALJ may consider “the type, dosage, effectiveness, and side effects of any medication.” 20 C.F.R. § 404.1529(c)(iv). ... Because the ALJ did not address the proffered reasons for Plaintiff declining to take Imitrex for his headaches, this does not support the ALJ’s decision to give less weight to Plaintiff’s statements regarding the severity of her headaches. See Trevizo v. Berryhill, 871 F.3d 664, 674 (9th Cir. 2017). ... “An ALJ is required to consider work history when assessing credibility.” Matthews v. Berryhill, 2017 WL 3383118 at *12 (E.D. Cal. Aug. 7, 2017) (citing 20 C.F.R. § 404.1529(c)(3) and Social Security Ruling 96-7p, 1996 SSR LEXIS 4).

Section 404.1529 requires an ALJ evaluating a claimant's symptoms to consider specified factors and assess them alongside the other evidence when making a credibility determination.

Taylor v. Commissioner of Social Security · filed 2020-03-26(c)(3), (c)(4)

An ALJ should consider the following factors when evaluating a claimant’s symptoms: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the pain; (3) any precipitating and aggravating factors; (4) medications taken to alleviate pain, including side effects and effectiveness; (5) treatment received to relieve pain; and (6) any other measures the claimant uses to relieve pain. ... The ALJ evaluates these factors in connection with the other evidence in the record to make a credibility determination. ... Here, the ALJ properly evaluated Taylor’s subjective allegations and gave specific reasons for finding that they were not entirely consistent with the record evidence (Tr. 18-21).

Section 404.1529 requires an adjudicator evaluating symptoms to consider the claimant’s daily activities, symptom characteristics, treatment and medication, other functional-limitations evidence, and the consistency of the allegations with objective medical evidence.

Tucker v. Commissioner of Social Security · filed 2020-03-27(c)(3), (c)(4)

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. ... See 20 C.F.R. § 404.1529(c)(4) (an ALJ considers the objective evidence in evaluating a claimant’s complaints); Lewis v. Colvin, 548 Fed. Appx. 675, 678 (2d Cir. 2013) (unpublished) (the ALJ’s decision to discount a claimant’s subjective testimony regarding his symptoms was appropriate where that testimony was not supported by the objective medical evidence).

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

Steeples v. Social Security Administration, Commissioner · filed 2020-03-30(c)(3)

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

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

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

The “type, dosage, effectiveness, and side effects of any medication” of medication are appropriate factors for an ALJ to consider in assessing a claimant’s subjective symptom testimony. 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3)(iv) permits an ALJ evaluating a claimant's symptoms to consider the effectiveness and side effects of medication.

JONES v. SAUL · filed 2020-04-06(c)(3)(iv)

Further, in evaluating a claimant’s residual functional capacity, the ALJ appropriately considers the effectiveness and side effects of any medication. See 20 C.F.R. §§ 404.1529(c)(3)(iv), 416.929(c)(3)(iv). Sorter v. Soc. Sec. Admin., Comm’r, 773 F. App’x 1070, 1073 (11th Cir. 2019) (unpublished).

Section 404.1529(c)(3)(v) identifies the treatment a claimant has received for pain or other symptoms as a relevant factor in evaluating symptom severity.

Horne v. Social Security Administration, Commissioner of (PLR2) · filed 2020-03-31(c)(3)(v)

See 20 C.F.R. § 404.1529(c)(3)(v) (listing treatment a claimant has received for their pain or other symptoms as a relevant factor to be weighed in considering the severity of a claimant’s symptoms); see, e.g., Helm v. Comm’r of Soc. Sec., 405 F. App’x 997, 1001 (6th Cir. 2011) (holding that the plaintiff’s limited treatment was inconsistent with a finding of total disability); Robertson v. Colvin, No. 4:14-cv-35, 2015 WL 5022145, at *5 (E.D. Tenn. Aug. 24, 2014) (finding the ALJ properly discounted Plaintiff’s subjective complaints because “the ALJ also considered that Plaintiff received routine, conservative care for his impairments”) (citing Curler v. Comm’r of Soc. Sec., 561 F. App’x 464, 473 (6th Cir. 2014)).

Section 404.1529(c)(3)(iv) and (v) require an ALJ to consider the type of treatment received when evaluating a claimant's subjective symptoms.

Bourbonnais v. Saul · filed 2020-04-20(c)(3)(iv), (v)

the governing regulations and rulings instructed the ALJ to consider the type of treatment Plaintiff received. 20 C.F.R. § 404.1529(c)(3)(iv), (v); SSR 16-3p, 2017 WL 5180304, *7-8; SSR 12-2p, 2012 WL 3104869, *5; Vincent A. v. Berryhill, 2019 WL 2085104, at *12 (N.D. Ill. May 13, 2019) (“[n]ot all treatments support finding a claimant’s pain allegations credible; to the contrary, an ALJ may discount a claimant’s allegations based on his reliance on ‘routine and conservative’ treatment.”). Additionally, the Court finds persuasive Defendant’s argument that “it is hard to imagine…that providers would continue to prescribe completely ineffective medications” [dkt. 20, p 7], particularly in the face of a patient who has credible, persistent, unrelenting complaints of pain and inability to function.

Section 404.1529(a) requires the ALJ to consider a claimant's medical history, medical signs, laboratory findings, and statements about how symptoms affect the claimant when assessing residual functional capacity.

Pacl v. Commissioner of Social Security Administration · filed 2020-05-04(a)

Relevant evidence includes a claimant’s medical history, medical signs, laboratory findings, and statements about how the symptoms affect the claimant. 20 C.F.R. §§ 404.1529(a), 416.929(a); see also SSR 96-8p, 1996 SSR LEXIS 5.

Section 404.1529(c)(3)(i) allows an ALJ to consider a claimant's activities when assessing testimony about the effects of impairments, but the activities must be carefully explored, supported by a properly developed record, and used for a proper purpose.

Enriquez v. Commissioner of Social Security · filed 2020-05-05(c)(3)(i)

Her previously discussed activities can be considered if the ALJ carefully explores those activities, develops a proper record, and uses them for a proper purpose, such as assessing whether Ms. Enriquez’s testimony about the effects of her impairments are credible or exaggerated. See Loveless v. Colvin, 810 F.3d 502, 508 (7th Cir. 2016) (citing 20 C.F.R. § 404.1529(c)(3)(i)).

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

Schirmer v. Commissioner of Social Security · filed 2020-05-08(c)(3)

The ALJ must assess the claimant’s subjective complaints by considering the record in light of the following symptom-related factors: (1) claimant’s daily activities; (2) location, duration, frequency, and intensity of claimant’s symptoms; (3) precipitating and aggravating factors; (4) type, dosage, effectiveness, and side effects of any medication taken to relieve symptoms; (5) other treatment received to relieve symptoms; (6) any measures taken by the claimant to relieve symptoms; and (7) any other factors concerning claimant’s functional limitations and restrictions due to symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3).

Section 404.1529(c)(3) requires an ALJ evaluating symptoms to consider factors including medication side effects, other treatment, and daily activities.

Bryant v. Commissioner of Social Security · filed 2020-05-18(c)(3)(i), (c)(3)(iv), and (c)(3)(v)

ALJs are required to consider a claimant’s medication, including any side effects that they experience. SSR 16-3p; 20 C.F.R. § 404.1529(c)(3)(iv); 20 C.F.R. § 416.929(c)(3)(iv). ... ALJs should also assess the treatment, other than medication, that a claimant receives to relieve their symptoms. SSR 16-3p; 20 C.F.R. § 404.1529(c)(3)(v); 20 C.F.R. § 416.929(c)(3)(v). ... ALJs are obligated to evaluate a claimant’s activities of daily living. SSR 16-3p; 20 C.F.R. § 404.1529(c)(3)(i); 20 C.F.R. § 416.929(c)(3)(i). ... As the ALJ failed to properly evaluate Plaintiff’s symptoms, remand is required.

Section 404.1529 directs an ALJ assessing a claimant’s credibility and pain allegations to consider specified factors, including daily activities, symptoms, treatment, medication, functional limitations, and inconsistencies with the record.

Payano v. Saul · filed 2020-05-21(c)(3)-(4)

When assessing a claimant’s credibility, including his or her allegations of pain, an ALJ should consider the following factors: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; (3) 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 measures other than treatment the claimant uses or has used to relieve pain or other symptoms; and (7) any other factors concerning the claimant’s functional limitations and restrictions due to pain or other symptoms.

Section 404.1529(a) requires the decision maker to consider a claimant’s medical history, medical signs, laboratory findings, and statements about how symptoms affect the claimant.

Civitarese v. Commissioner of Social Security Administration · filed 2020-07-30(a)

Relevant evidence includes a claimant’s medical history, medical signs, laboratory findings, and statements about how the symptoms affect the claimant. 20 C.F.R. § 404.1529(a); see also SSR 96-8p, 1996 SSR LEXIS 5. ... The ALJ applied proper legal standards in concluding that Civitarese’s RFC had not changed and in adopting the ALJ Hixson’s 2015 RFC finding. Here, the ALJ complied with the regulations and Earley by explicitly considering all of Civitarese’s impairments – severe or otherwise – in light of the objective medical evidence, medical opinions, testimony, and previous ALJ decision. 20 C.F.R. §§ 404.1520(e), 404.1529(a); SSR 96-8p, 1996 SSR LEXIS 5; Earley, 893 F.3d at 933-34; (Tr. 20-25).