20 C.F.R. § 404.1529

Section 404.1529(c)(3) evaluates consistency of symptom statements rather than claimant character without materially changing the prior substantive analysis.

Sager v. O'Malley · filed 2024-08-15(c)(3)

This was once referred to as a credibility determination, but the agency has now eliminated use of the term “credibility” to clarify that subjective symptom evaluation is not an examination of an individual’s character. However, the analysis remains largely the same.

Section 404.1529(c)(2) bars an ALJ from rejecting a claimant’s account of symptoms solely because objective medical evidence does not substantiate it.

Spaulding v. Astrue · filed 2010-03-22(c)(2)

20 C.F.R. § 404.1529(c)(2) (explaining that an ALJ will not reject a claimant’s statements about “the intensity and persistence of [her] pain or other symptoms or about the effect of [her] symptoms have on [her] ability to work solely because the available objective medical evidence does not substantiate [claimant’s] statements.”). ... Because the ALJ provided specific reasons for his findings and his analysis is supported by substantial evidence, the credibility determination should be upheld.

Section 404.1529 requires the ALJ to determine whether a medically determinable impairment can produce the alleged symptoms and then evaluate the claimant’s account of those symptoms.

Fisher v. Barnhart, Comm · filed 2006-05-16

Two nearly identical regulations, 20 C.F.R. §§ 404.1529 and 416.929, explain how the Social Security Administration evaluates a claimant’s symptoms to determine whether he or she is disabled, and Social Security Ruling 96-7p clarifies these regulations by explaining when and how an ALJ can weigh the credibility of the claimant’s own testimony. First, the ALJ must determine whether medically determinable mental or physical impairments can produce the symptoms alleged. Second, the ALJ must evaluate the claimant’s testimony about his subjective experiences.

Section 404.1529(c)(3) requires the ALJ to consider factors bearing on a claimant's symptoms; the ALJ may address those factors through its reasoning without expressly listing each one.

Jones v. Berryhill · filed 2018-07-16(c)(3)

Despite Jones's contention that the ALJ ignored the seven factors he is required to consider when determining credibility, the ALJ's articulated reasoning addresses those very factors.

Section 404.1529(c)(3) requires an ALJ to discuss seven factors when rendering a claimant’s credibility determination.

Cabibi v. Colvin · filed 2014-08-28(c)(3)

As such, the Court finds that ALJ Cohen committed legal error in his assessment of the Plaintiffs credibility. On remand, the Court directs the ALJ assigned to discuss the seven factors listed in 20 C.F.R. § 404.1529(c)(3) while rendering his credibility determination.

Section 404.1529(c) requires an ALJ to consider seven specified factors in totality when evaluating a claimant's credibility regarding the severity of symptoms.

Weidman v. Colvin · filed 2015-09-30(c)

More specifically, the ALJ must consider the following seven factors, in totality: 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 pain or other symptoms; (5) treatment, other than medication, claimant receives or has received for relief of pain or other symptoms; (6) any measures claimant uses or has used to relieve pain or other symptoms; and (7) other factors concerning claimant’s functional limitations and restrictions due to pain or other symptoms.

Section 404.1529(c)(3) does not require an ALJ to explicitly discuss a claimant's work history when determining credibility.

(SS) Green v. Commissioner of Social Security · filed 2020-01-06(c)(3)

However, the ALJ did discuss Plaintiff’s work history elsewhere in her opinion, (see AR 32), and an ALJ is not required to explicitly discuss work history in determining credibility, see 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) requires the ALJ to consider additional listed factors when assessing a claimant’s testimony about symptoms and deciding what weight it deserves.

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

In situations such as this, the ALJ must consider the additional factors set forth in 20 C.F.R. § 404.1529(c)(3) in assessing Plaintiff’s testimony and deciding what weight it deserves.

Section 404.1529 requires the ALJ to consider treatment when evaluating a claimant’s symptoms.

Lyle v. Commissioner of Social Security · filed 2023-10-02(c)(3)(iv)–(v)

Yet this is inconsistent with the regulations that explicitly include treatment as a factor the ALJ must consider. See 20 C.F.R. § 404.1529(c)(3)(iv)–(v); SSR 16-3p, 2017 WL 5180304, at *8–*9.

Section 404.1529 allows an ALJ to consider a claimant’s medication when evaluating symptom severity, but a treatment-based finding must be supported by identified evidence.

(SS) Sutter v. Commissioner of Social Security · filed 2021-01-04(c)(3)(iv)

In assessing a claimant’s statements regarding the severity of his symptoms, the ALJ may consider “the type, dosage, effectiveness, and side effects of any medication.” ... Because the ALJ failed to identify evidence in the record to support these conclusions, this factor does not support the adverse credibility determination.

Section 404.1529(c)(3)(v) allows an ALJ to consider the treatment a claimant received for pain when evaluating symptoms.

Camacho v. Commissioner of Social Security · filed 2020-04-30(c)(3)(v)

Receiving only “minimal, conservative treatment” is a valid reason to discredit a claimant’s symptom testimony. Meanel v. Apfel, 172 F.3d 1111, 1114 (9th Cir. 1999); see also Parra v. Astrue, 481 F.3d 742, 751 (9th Cir. 2007); 20 C.F.R. § 404.1529(c)(3)(v) (treatment received for relief of pain relevant to evaluating symptoms). ... The ALJ’s third reason for discounting Plaintiff’s pain testimony is clear and convincing.

Section 404.1529(c)(3) permits an ALJ to consider treatment received for symptoms, including a lack of aggressive treatment, when evaluating those symptoms.

BURDINE v. KIJAKAZI · filed 2023-03-09(c)(3)

Therefore, the ALJ is permitted to consider aggressive treatment like surgery or emergency care as well as other treatments an individual has received for relief of pain and other symptoms. Connour v. Barnhart, 42 F. App'x 823, 830 (7th Cir. 2002); 20 C.F.R. § 404.1529(c)(3). Here, the ALJ appropriately took into consideration Angela's lack of aggressive treatment when evaluating her subjective symptoms.

Medication and other treatment are relevant to symptom intensity and persistence, but an ALJ must explain how the treatment bears on the alleged limitations.

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

The type, dosage, effectiveness and side effects of medication and other treatment taken to alleviate pain or other symptoms as well are relevant factors in evaluating the intensity and persistence of symptoms. 20 C.F.R. §§ 404.1529 (c)(3), 416.929(c)(3). However, it is not clear how Plaintiff’s treatment reflects on his allegations regarding limitations from his heart issues, as the ALJ did not discuss the type or dosage of medication, other types of treatment which might be expected, or any medical opinion evidence supporting the conclusion that Plaintiff’s treatment for his heart issues is not commensurate with his symptom claims.

An ALJ must make the required symptom findings and cannot characterize treatment as conservative without confronting contrary treatment evidence and explaining how the treatment undermines the allegations.

TAYLOR v. KIJAKAZI · filed 2022-08-08(b), (c)(3)

The regulations are clear that ALJs are expected to make a specific “finding” on this issue. See also 20 C.F.R. § 404.1529(b) (“The finding that your impairment(s) could reasonably be expected to produce your pain or other symptoms ….”) (emphasis added). ... The nature and frequency of treatment sought by a claimant is an appropriate consideration. See, e.g., 20 C.F.R. § 404.1529(c)(3). The ALJ references Tory T.'s “conservative” treatment, but fails to discuss Tory T.'s repeated steroid epidural injections and nerve block that failed to provide any long-lasting relief, ... and his ongoing treatment with Gabapentin.

Section 404.1529(c)(3)(iv)-(v) permits consideration of medication and other treatment when evaluating the intensity, persistence, and limiting effects of a claimant's symptoms.

Dunn v. Colvin · filed 2015-06-01(c)(3)(iv)-(v)

First, according to 20 C.F.R. § 404.1529(c)(3)(iv)-(v), in determining if someone is disabled, it is appropriate to consider such things as: ... (iv) The type, dosage, effectiveness, and side effects of any medication you take or have taken to alleviate your pain or other symptoms; [and] ... (v) Treatment, other than medication, you receive or have received for relief of your pain or other symptoms[.] Id. Therefore, inasmuch as the ALJ is allowed to consider the nature of Appellant’s treatment in determining whether she is disabled, a reasonable mind might agree that the conservative nature of Appellant’s treatment is an adequate basis to support the ALJ’s conclusion that Appellant’s testimony of her disabling condition was incredible.

Section 404.1529(c)(3) permits an ALJ to consider a claimant’s daily activities among the factors used to evaluate subjective symptoms.

Martz v. Commissioner, Social Security Administration · filed 2016-05-19(c)(3)

The regulations permit the ALJ to consider a claimant’s daily activities when evaluating her subjective symptoms of impairment. See 20 C.F.R. § 404.1529(c)(3) (indicating that the ALJ looks at several factors, including the claimant’s daily activities when evaluating the claimant’s subjective symptoms).

Section 404.1529(c)(3) requires the ALJ to consider all evidence, including the claimant's prior work record, when evaluating pain symptoms.

Romo v. Berryhill · filed 2018-09-05(c)(3)

The work history of a claimant is another relevant factor in evaluating a claimant’s pain testimony. 20 C.F.R. § 404.1529(c)(3) (in evaluating pain symptoms, the ALJ “will consider all of the evidence presented, including information about your prior work record”).

Section 404.1529(c)(3)(iv)-(v) permits an ALJ evaluating disability to consider a claimant’s minimal or conservative treatment, failure to follow prescribed treatment, and sporadic treatment.

Hawkins v. Commissioner, Social Security Administration · filed 2019-09-12(c)(3)(iv)-(v)

In determining whether an impairment is disabling, the ALJ may properly consider whether the claimant has received minimal medical attention and/or been treated conservatively, as well as whether he has failed to follow prescribed treatment or sought treatment only sporadically.

Section 404.1529(c)(3) requires the agency to consider all evidence presented, including a claimant’s prior work record, when evaluating the claimant’s symptoms.

Gibson v. Berryhill · filed 2019-09-30(c)(3)

Social Security regulations require Respondent to “consider all of the evidence presented, including information about [a claimant’s] prior work record” when evaluating a disability claim. 20 C.F.R. 404.1529(c)(3). Thus, there is an express requirement that work history be considered. ... Regardless, on remand Respondent will have an opportunity to more clearly demonstrate that it has properly considered Petitioner’s prior work record, as required by 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3)(i) identifies a claimant’s daily activities as a relevant factor when an ALJ assesses the credibility of statements about symptoms.

Shull v. Commissioner of Social Security · filed 2019-12-11(c)(3)(i)

It was proper for the ALJ to consider these activities when assessing Plaintiff’s credibility. See 20 C.F.R. § 404.1529(c)(3)(i) (listing daily activities as a relevant consideration when assessing credibility).

Section 404.1529(c)(3)(iv)-(v) allows an ALJ to consider treatment received or not received to relieve pain or other symptoms when evaluating symptom testimony.

Justice v. Commissioner of Social Security · filed 2020-03-19(c)(3)(iv)-(v)

Medical treatment received to relieve pain or other symptoms is a relevant factor in evaluating pain testimony. 20 C.F.R. § 404.1529(c)(3)(iv)-(v). The ALJ is permitted to consider the claimant’s lack of treatment in making a credibility determination. Burch, 400 F.3d at 681.

Section 404.1529(c)(3) permits an ALJ evaluating a claimant’s symptoms to consider daily activities, medication and other treatment, failure to follow prescribed treatment, and consistency with the medical evidence.

Reese v. Commissioner of Social Security Administration · filed 2020-03-24(c)(3)

An ALJ may consider: “(1) whether the claimant engages in daily activities inconsistent with the alleged symptoms; (2) whether the claimant takes medication or undergoes other treatment for the symptoms; (3) whether the claimant fails to follow, without adequate explanation, a prescribed course of treatment; and (4) whether the alleged symptoms are consistent with the medical evidence.” Lingenfelter v. Astrue, 504 F.3d 1028, 1040 (9th Cir. 2007); see 20 C.F.R. § 404.1529(c)(3); Warre v. Comm’r of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006) (“Impairments that can be controlled effectively with medication are not disabling.”).

Section 404.1529(c)(3) allows an ALJ to consider a claimant's medication and other treatment when evaluating symptom allegations.

Cox v. Commissioner of Social Security Administration · filed 2020-09-02(c)(3)

Additionally, the ALJ may consider “whether the claimant takes medication or undergoes other treatment for the symptoms.”

Section 404.1529 requires consideration of treatment received and measures used to relieve pain or other symptoms when evaluating a claimant’s subjective complaints, although those factors may not be required under applicable circuit precedent.

Riddle v. Social Security Administration Commissioner · filed 2020-11-06

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. ... Thus, this Court will not require the analysis of these additional factors in this case.

When an ALJ discounts subjective pain based on conservative treatment, later evidence that the conservative treatment failed and surgery was recommended may require a new evaluation under § 404.1529.

Lane v. Kijakazi · filed 2022-09-29

However, given the ALJ’s reasoning for discounting Plaintiff’s subjective pain allegations, the Court finds that this case should be remanded to allow the ALJ the opportunity to consider the objective medical record of evidence and make a new finding about Plaintiff’s subjective pain allegations. For example, the ALJ relied on medical records of Dr. Malbrough showing conservative treatment, (Tr. 206), but later records from this same doctor contradict the earlier records showing Plaintiff did not respond well to injections and surgery was a better option moving forward.

Section 404.1529(c)(3) allows an ALJ to consider effective treatment and daily activities when evaluating whether alleged symptoms are as limiting as claimed.

Lott v. Commissioner of Social Security Administration · filed 2022-09-30(c)(3)

The ALJ may consider “whether ... the symptoms.”

Section 404.1529 requires an ALJ to assess reported pain in light of all the claimant’s impairments, including those not found severe.

Mims v. Berryhill · filed 2019-09-26(a)

The failure to the ALJ to discuss all of Plaintiff’s impairments, severe or not, affected his credibility analysis. That is, he did not assess whether her subjective complaints of pain were credible in light of all of her impairments, including anemia, chemotherapy-induced peripheral neuropathy, mechanical sacroiliac pain, and annular tear.

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

Mallett v. Social Security Administration, Commissioner · filed 2019-07-26(c)(3)(v)

Based on his failure to comply with the prescribed diet and medications, substantial evidence supports the decision of the ALJ to discount Mallett’s claims of disabling limitations from his admittedly uncontrolled diabetes and hypertension. See 20 C.F.R. §§ 404.1529(c)(3)(v), 416.929(c)(3)(v).

Section 404.1529(c)(3) permits an ALJ to consider medication and other treatment when evaluating a claimant’s symptoms.

Clark v. Commissioner of Social Security Administration · filed 2022-12-29(c)(3)

The ALJ may consider “whether the claimant takes medication or undergoes other treatment for the symptoms.” Lingenfelter, 504 F.3d at 1040; see 20 C.F.R. § 404.1529(c)(3). ... Given the scope of the record, the ALJ properly relied upon objective medical evidence to find the Plaintiff’s allegations were inconsistent with the record, the effectiveness of Plaintiff’s treatments for her impairments, and Plaintiff’s daily activities to discount Plaintiff’s symptom testimony.

Section 404.1529(c)(3)(v) and (vi) allow consideration of a claimant’s treatment and measures used to relieve pain when evaluating symptoms.

Flippo v. Social Security Administration, Commissioner · filed 2023-03-23(c)(3)(v), (vi)

Additionally, the ALJ emphasized that despite Flippo’s allegations of disabling pain, the record reflected that from 2020 forward, she visited only her primary care physician four times a year, and those exams were essentially normal. See 20 C.F.R. §§ 404.1529(c)(3)(v), (vi), 416.929(c)(3)(v), (vi) (noting that a claimant’s treatment and measures used to relieve pain can be considered).

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

Bellew v. Acting Commissioner of Social Security · filed 2015-05-06(c)(3)

While Mr. Bellew contends the fact that he engaged in a “reasonable range of daily living activities” did not negate the credibility of his subjective testimony, the ALJ was entitled to consider his daily activities when evaluating his subjective symptoms. See 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) allows an ALJ to consider a claimant’s activities when assessing how limiting the claimant’s symptoms are, but those activities are not dispositive.

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

Although not dispositive, a claimant’s activities may show that the claimant’s symptoms are not as limiting as she alleged.

Section 404.1529(c)(3)(i) permits an ALJ to consider a claimant's activities of daily living as part of the credibility evaluation.

Shelton v. Colvin · filed 2016-10-18(c)(3)(i)

See 20 C.F.R. §§ 404.1529(c)(3)(i), 416.929(c)(3)(i) (stating that an ALJ may consider ADLs as part of credibility evaluation); Wilson, 602 F.3d at 1146 (considering ALJ’s reliance on ADLs as permissible part of substantial evidence supporting credibility evaluation).

Section 404.1529 permits an ALJ to consider a claimant’s daily activities when evaluating subjective symptoms, but the activities should not be given undue weight without accounting for the claimant’s qualifications.

TAYLOR v. SAUL · filed 2019-07-09

An ALJ may appropriately consider a claimant’s daily activities, including household chores. Craft, 539 F.3d at 680 (citing 20 C.F.R. § 404.1529). But, the Seventh Circuit has proscribed placing undue weight on daily activities that “ignored [the claimant’s] qualifications as to how he carried out those activities.” Craft, 539 F.3d at 680 (emphasis in original).

Section 404.1529(c)(3)(i) permits an ALJ to consider a claimant’s daily activities when assessing the extent of pain.

Peacock v. Commissioner of Social Security · filed 2020-03-20(c)(3)(i)

The ALJ merely referred to Peacock’s daily activities as part of his assessment of the extent of her pain, as he is permitted to do. See 20 C.F.R. §§ 404.1529(c)(3)(i), 416.929(c)(3)(i) (2016).

Section 404.1529(c)(3)(i) specifically makes daily activities a factor in evaluating a claimant’s statements about the severity of symptoms.

Young v. Social Security Administration, Commissioner · filed 2022-09-29(c)(3)(i)

The controlling regulations specifically list daily activities as a factor to consider in evaluating a claimant’s credibility regarding his symptoms. 20 CFR § 404.1529(c)(3)(i).

Section 404.1529(c)(3)(i) makes daily activities an appropriate consideration when determining symptom intensity and persistence.

Carr v. Commissioner of Social Security · filed 2024-01-09(c)(3)(i)

It was appropriate for the ALJ to consider Carr’s daily activities when determining the intensity and persistence of his symptoms. See 20 C.F.R. § 404.1529(c)(3)(i).

Section 404.1529 permits an ALJ to consider daily activities when assessing symptom intensity and persistence, provided the resulting findings have substantial-evidence support.

Wright v. Kijakazi · filed 2024-03-27(a), (c)(3)(i)

Plaintiff’s daily activities are one of the factors the ALJ may consider when evaluating the intensity and persistence of symptoms. 20 C.F.R. § 404.1529(c)(3)(i).

Section 404.1529 permits an ALJ to consider daily activities when evaluating the severity of a claimant’s symptoms.

Myers v. Social Security Administration, Commissioner of · filed 2024-08-16

And while activities of daily living cannot be conflated with a plaintiff’s ability to work, such activ- ities can be considered when evaluating the severity of a plaintiff’s claims.

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

Jones v. SSA · filed 2020-09-01(c)(3)(i)

Despite Jones’ allegations that the ALJ “overemphasized her daily activities[,]” the ALJ appropriately considered her activities, see 20 C.F.R. § 404.1529(c)(3)(i), in conjunction with her testimony, treatment history, objective medical evidence, opinion evidence, and lay testimony. (AR at 19-23.)

Section 404.1529(c)(3) requires the ALJ to consider a claimant’s daily activities when evaluating reported symptoms.

Gilligan v. Commissioner of Social Security · filed 2022-02-25(c)(3)

While a plaintiff need not be “an invalid” to be disabled for purposes of Social Security, the ALJ must consider the plaintiff’s daily activities as relate to plaintiff’s symptoms.

Section 404.1529(b) requires an ALJ to order intellectual testing only when the existing record is incomplete.

White v. Colvin · filed 2015-09-08(b)

Eighth, to the extent Plaintiff suggests 20 C.F.R. § 404.1529(b) required the ALJ to order intellectual testing of Plaintiff, that Regulation only requires an ALJ to do so where the record, as it exists, is incomplete.

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

MORGAN v. SOCIAL SECURITY · filed 2022-09-29(c)(3)

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

Section 404.1529(c) requires alleged pain severity to be evaluated using all relevant evidence, including daily activities, medication, treatment, and functional limitations.

Alexander v. Commissioner of the Social Security Administration · filed 2024-02-20(c)

When the alleged symptom is pain, an ALJ should evaluate the severity of the alleged pain in light of all relevant evidence, including the factors set out in 20 C.F.R. § 404.1529(c).

Section 404.1529(c) requires alleged pain severity to be evaluated using all relevant evidence, including daily activities, medication, treatment, and functional limitations.

Nimocks v. Commissioner of Social Security · filed 2024-02-23(c)

When the alleged symptom is pain, an ALJ should evaluate the severity of the alleged pain in light of all relevant evidence, including the factors set out in 20 C.F.R. § 404.1529(c).

Section 404.1529(c)(3) permits consideration of treatment efforts, medical contacts, psychological factors, daily activities, and medication effects when deciding whether pain is disabling.

Lynn v. Social Security Administration · filed 2024-03-30(c)(3)

Factors the ALJ should consider in determining whether a claimant's pain is in fact disabling include the claimant's attempts to find relief; a claimant's willingness to try any treatment prescribed; a claimant's regular contact with a doctor; the possibility that psychological disorders combine with physical problems; the claimant's daily activities; and the dosage, effectiveness, and side effects of medication taken by the claimant. Keyes-Zachary, 695 F.3d at 1166–67; see also Soc. Sec. R. 16-3p at *7 (listing similar factors); 20 C.F.R. §§ 404.1529(c)(3); 416.929(c)(3).

Section 404.1529(c)(3) permits consideration of treatment efforts, medical contacts, psychological factors, daily activities, and medication effects when deciding whether pain is disabling.

Smith v. Social Security Administration · filed 2024-03-30(c)(3)

Factors the ALJ should consider in determining whether a claimant's pain is in fact disabling include the claimant's attempts to find relief; a claimant's willingness to try any treatment prescribed; a claimant's regular contact with a doctor; the possibility that psychological disorders combine with physical problems; the claimant's daily activities; and the dosage, effectiveness, and side effects of medication taken by the claimant. Keyes-Zachary, 695 F.3d at 1166–67; see also Soc. Sec. R. 16-3p at *7 (listing similar factors); 20 C.F.R. §§ 404.1529(c)(3); 416.929(c)(3).

Section 404.1529(c)(3) permits consideration of treatment efforts, medical contacts, psychological factors, daily activities, and medication effects when deciding whether pain is disabling.

Bradford v. Social Security Administration · filed 2024-03-30(c)(3)

Factors the ALJ should consider in determining whether a claimant's pain is in fact disabling include the claimant's attempts to find relief; a claimant's willingness to try any treatment prescribed; a claimant's regular contact with a doctor; the possibility that psychological disorders combine with physical problems; the claimant's daily activities; and the dosage, effectiveness, and side effects of medication taken by the claimant. Keyes-Zachary, 695 F.3d at 1166–67; see also Soc. Sec. R. 16-3p at *7 (listing similar factors); 20 C.F.R. §§ 404.1529(c)(3); 416.929(c)(3).

Section 404.1529(c)(3)(iv)-(v) makes medication type, dosage, effectiveness, and side effects, as well as other treatment, relevant to evaluating symptom intensity and persistence.

Land v. O'Malley · filed 2024-09-04(c)(3)(iv)-(v)

The type, dosage, effectiveness and side effects of medication taken to alleviate pain or other symptoms as well is a relevant factor in evaluating the intensity and persistence of symptoms. 20 C.F.R. §§ 404.1529 (c)(3)(iv)-(v), 416.929(c)(3)(iv)-(v). The lack of prescription medication is an appropriate consideration in assessing symptom statements.

Section 404.1529(c) permits an ALJ assessing a claimant’s credibility to consider a medication’s type, dosage, effectiveness, and side effects.

(SS) Baptista v. Commissioner of Social Security · filed 2019-09-23(c)

When assessing a claimant’s credibility, the ALJ may consider “the type, dosage, effectiveness, and side effects of any medication.” 20 C.F.R. §§ 404.1529(c), 416.929(c). ... Given the documented relief provided by Plaintiff’s medication—which she took on an “as needed” basis—the Court finds the effectiveness of the treatment received also supports the adverse credibility determination, and the ALJ did not err in considering this factor.

Section 404.1529(c)(3)(iv)-(v) makes the effectiveness of medication and other treatment relevant when evaluating the severity of a claimant’s symptoms.

Guthrie v. Commissioner Social Security Administration · filed 2021-10-13(c)(3)(iv)-(v)

Factors relevant to evaluating a plaintiff’s symptoms include the “effectiveness . . . of any medication” or “[t]reatment, other than medication[,]” that the plaintiff has taken to alleviate his pain or other symptoms.

Section 404.1529(c)(3)(iv)-(vi) permits an ALJ to consider the amount and type of treatment, medication, and other measures used when evaluating symptom nature and severity.

Agnew-Currie v. Commissioner of Social Security Administration · filed 2022-02-17(c)(3)(iv)-(vi)

An ALJ is also free to consider the amount of treatment a claimant receives for an impairment in determining the nature and severity of the impairment, as well as medication and any other measures used.

Section 404.1529 permits an ALJ to consider a claimant’s medication and other treatment when evaluating reported symptoms.

Hughes v. BERRYHILL · filed 2020-06-12(c)(3)(iv), (v)

The ALJ also considered the type, dosage, effectiveness, and side effects of Plaintiff’s medication and his other treatment (R. at 75, 76-77). See 20 C.F.R. § 404.1529(c)(3)(iv), (v). Because “the ALJ cited adequate evidence from the record to support [her] conclusion that [Plaintiff’s] statements were not entirely credible,” Plaintiff’s contention that substantial evidence does not support the ALJ’s determination of his credibility is without merit.

Section 404.1529(c)(3)(iv)-(v) directs the agency to consider a claimant’s medication and treatment when evaluating symptoms.

Coleman v. Kijakazi · filed 2021-09-21(c)(3)(iv)-(v)

Notes from March and September 2016 established that plaintiff’s anemia and hypertension were each stabilized by proper treatment (Tr. 18, 511, 522). And in January 2017, when plaintiff began receiving steroid injections to address lumbar pain, her symptoms resolved within 30 seconds, leaving her with normal range of motion. [Tr. 19, 588-89.] To the extent a claimant’s conditions are stable and controlled by treatment, those impairments are not disabling. Lawson v. Colvin, 807 F.3d 962, 965 (8th Cir. 2015); see also 20 C.F.R. §§ 404.1529(c)(3)(iv)-(v), 416.929(c)(3)(iv) (agency will consider claimant’s medication and treatment).

Section 404.1529(c)(3)(iv)-(v) allows an ALJ to consider medication and treatment when evaluating a claimant’s subjective complaints.

Schnelting v. O'Malley · filed 2024-03-28(c)(3)(iv)-(v)

The regulations allow the ALJ to consider Plaintiff’s level of treatment and use of medication in evaluating her subjective complaints, which the ALJ appropriately did here.

Section 404.1529(c)(3)(iv)-(v) requires consideration of medication and other treatment when evaluating symptoms.

Sarvar v. Commissioner of Social Security · filed 2024-03-28(c)(3)(iv)-(v)

Therefore, the ALJ properly analyzed and considered the medication and treatment factors in his symptom severity analysis under 20 C.F.R. § 404.1529(c)(3)(iv)-(v).

Section 404.1529(c)(3)(i) requires the ALJ to consider a claimant's daily activities when evaluating symptoms and their severity.

Henry S. Chambers, Jr. v. Commissioner of Social Security · filed 2016-12-01(c)(3)(i)

The ALJ will consider a claimant’s daily activities when determining the symptoms and severity of an impairment. Id. § 404.1529(c)(3)(i). ... The ALJ was permitted to consider these daily activities when determining the symptoms and severity of Chambers’s impairment. Further, because Chambers’s own testimony regarding his daily activities contradicted Beaty’s opinion, the ALJ did not need to give Beaty’s opinion considerable weight. See 20 C.F.R. § 404.1529(c)(3)(i); Phillips, 357 F.3d at 1241.

Section 404.1529(c)(4) permits an adjudicator to consider inconsistencies in a claimant's statements about daily activities when evaluating the claimant's symptoms and credibility.

Lewis v. Berryhill · filed 2017-02-21(c)(4)

The administrative law judge’s point was that Ms. Lewis had given inconsistent accounts about her daily activities. That inconsistency could bear on Ms. Lewis’s credibility. See 20 C.F.R. § 404.1529(c)(4).

Section 404.1529 requires a two-step evaluation of subjective symptoms: determine whether an impairment could produce the alleged symptoms, then assess their intensity, persistence, and functional limits using the case record and listed factors.

Williams v. Colvin · filed 2015-04-10(a), (b), and (c)(3)(i)-(vii)

First, the ALJ considers whether the medical evidence shows any impairment “which could reasonably be expected to produce the pain or other symptoms alleged....” 20 C.F.R. § 404.1529(a). Second, if an impairment is shown, the ALJ must evaluate the “intensity, persistence, or functionally limiting effects” of a claimant’s symptoms to determine the extent to which they limit the' claimant’s capacity to work. 20 C.F.R. § 404.1529(b). When the objective medical evidence alone does not substantiate the claimant’s alleged symptoms, the ALJ must assess the credibility of the claimant’s statements considering the details of the case record as a whole. 20 C.F.R. §§ 404.1529(c)(3)(i)-(vii).

Section 404.1529(c)(1) requires the ALJ to evaluate the intensity, persistence, and functionally limiting effects of symptoms when a claimant establishes a medically determinable impairment that could reasonably be expected to produce them, to determine their effect on work capacity.

Connors v. Colvin · filed 2016-03-29(c)(1)

Thus if as here, Plaintiff establishes a medically determined physical impairment that could reasonably be expected to produce the symptoms of -which she complains, the ALJ must evaluate the intensity, persistence, and functionally limiting effects of those symptoms to determine the extent .to which the symptoms affect her capacity for work. 20 C.F.R. § 404.1529(c)(1).

Section 404.1529(c)(3)(v) requires an ALJ assessing a claimant's credibility to consider whether the claimant has received treatment, other than medication, to relieve the claimant's symptoms.

Heagney-O'Hara v. Commissioner of Social Security · filed 2016-04-21(c)(3)(v)

An ALJ is required to consider a variety of factors when assessing a claimant’s credibility, including whether the claimant has received treatment, other than medication, to relieve her symptoms. See 20 C.F.R. § 404.1529(c)(3)(v). Thus, it was entirely proper for the ALJ to consider Heagney-O’Hara’s decision not to pursue surgery when assessing her credibility.

Section 404.1529 requires an ALJ to evaluate the intensity and persistence of a claimant’s symptoms and their effect on work capacity, considering objective evidence and specified factors such as daily activities, pain characteristics, medication, and treatment.

Miles v. Commissioner of Social Security · filed 2016-06-21(c)(1), (c)(3), (c)(3)(iv)

If the record shows that the claimant has a medically determinable impairment that could reasonably be expected to produce her symptoms, the ALJ must evaluate the intensity and persistence of the symptoms in determining how they limit the claimant’s capacity for work. 20 C.F.R. § 404.1529(c)(1). ... In assessing the claimant’s credibility about her symptoms and their effects, the ALJ must consider in addition to the objective medical evidence: the individual’s daily activities; the location, duration, frequency, and intensity of the individual’s pain; precipitating and aggravating factors; the type, dosage, effectiveness, and side effects of medication taken to relieve the symptoms; treatment, other than medication, for pain; any other measure used to relieve the symptoms; and any other factors concerning functional limitations and restrictions due to the symptoms. Id. § 404.1529(c)(3). ... We conclude that the ALJ properly applied our Court’s pain standard and that substantial evidence supports the ALJ’s determination that Miles’s testimony was not credible.

Section 404.1529 requires an ALJ to use a two-step process: first determine whether an impairment could reasonably be expected to produce the alleged symptoms, then evaluate their intensity, persistence, and functional limitations using the regulatory factors.

Quinn v. Colvin · filed 2016-08-10(a), (b), and (c)(3)(i)—(vii)

The Social Security regulations require a two-step process for the ALJ to consider the extent to which subjective evidence of symptoms can reasonably be accepted as consistent with the medical and other objective evidence. ... First, the ALJ considers whether the medical evidence shows any impairment “which could reasonably be expected to produce the pain or other symptoms alleged.... 20 C.F.R. § 404.1529(a). Second, if an impairment is shown, the ALJ must evaluate the “intensity, persistence, or functionally limiting effects” of a claimant’s symptoms to determine the extent to which they limit the claimant’s capacity to work. 20 C.F.R. § 404.1529(b). ... When the objective medical evidence alone does not substantiate the claimant’s alleged symptoms, the ALJ must assess the credibility of the claimant’s statements considering the following 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)(i)—(vii). ... Here, in considering Plaintiffs credibility, the ALJ properly applied the two step analysis. ... In light of these statements, the ALJ found that Plaintiffs statements “concerning the intensity, persistence, and limiting effects of [his] symptoms” were “not entirely credible.” (Tr. 43).

Section 404.1529(a) requires an ALJ evaluating symptoms, including pain, to consider statements or reports from others about the claimant’s medical history, treatment, daily activities, work efforts, and the effects of the impairment and related symptoms on the ability to work.

Dillon v. Colvin · filed 2016-09-26(a)

In determining whether you are disabled, we consider all your symptoms, including pain, and the extent to which your symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence .... These include statements or reports from ... others about your medical history, diagnosis, prescribed treatment, daily activities, efforts to work, and any other evidence showing how your impairment(s) and any related symptoms affect your ability to work. ... Failure to consider Mrs. Dillon’s testimony is contrary to the regulations. 20 CFR §§ 404.512(b)(l)(iii), 404.1513(d)(4), and 404.1529(a). The conclusion to give her letter and testimony little or no weight is not supported by substantial evidence and the ALJ did not provide good reasons for discounting the testimony.

Section 404.1529(c)(3)-(4) requires an ALJ to consider a claimant's daily activities and statements about symptom intensity, persistence, and limiting effects, including whether the alleged limitations are consistent with objective and other evidence.

Sharp v. Colvin · filed 2016-11-14(c)(3)-(4)

In determining the extent to which a claimant’s symptoms affect her capacity to perform basic work activities, the ALJ considers, among other factors, the claimant’s daily activities. 20 C.F.R. § 404.1529(c)(3)-(4); see Johnson, 434 F.3d at 658.

Section 404.1529 requires an ALJ to consider a claimant's testimony about symptoms and permits consideration of other evidence, including daily activities, in assessing pain.

LaValley v. Colvin. · filed 2017-01-12(c), (c)(3)(i)

An ALJ must consider a claimant’s testimony, but may look to other evidence in determining credibility. See 20 C.F.R. §§ 404.1529(c); 416.929(c). Here, the ALJ considered various sources of evidence and justifiably declined to give less than determinative weight to LaValley’s testimony regarding the debilitating effects of her pain. For example, the ALJ looked to LaValley’s daily routine; she stated that she could clean the house, do laundry, dress and bathe herself, and perform childcare, among other activities. See 20 C.F.R. § 404.1529(c)(3)(i) (listing “daily activities” as an appropriate consideration in determining a claimant’s level of pain).

Section 404.1529 requires an ALJ to use a two-step process to evaluate a claimant's pain and other symptoms and, when the testimony is inconsistent with objective medical evidence, to consider seven specified factors.

Ingrassia v. Colvin · filed 2017-03-06(b), (c), (c)(3)

The SSA regulations provide a two-step process for evaluating a claimant’s assertions of pain and other limitations. First, the ALJ must decide whether the claimant suffers from “a medically determinable impairment that could reasonably be expected to produce the symptoms alleged.” 20 C.F.R. § 404.1529(b). Second, where the record shows that the claimant has such a medically determinable impairment, the ALJ evaluates “the intensity and persistence of [the claimant’s] symptoms [to] determine” the extent to which they limit the claimant’s ability to work. 20 C.F.R. § 404.1529(c). ... Where the ALJ finds that the claimant’s testimony is inconsistent with the objective medical evidence in the record, the ALJ must evaluate the claimant’s testimony in light of seven factors: 1) the claimant’s daily activities; 2) the location, duration, frequency, and intensity of the pain; 3) precipitating and aggravating factors; 4) the type, dosage, effectiveness, and side effects of any medications taken to alleviate the pain; 5) any treatment, other than medication, that the claimant has received; 6) any other measures that the claimant employs to relieve the pain; and 7) other factors concerning the claimant’s functional limitations and restrictions as a result of the pain. 20 C.F.R. § 404.1529(e)(3)(i)—(vii).

Section 404.1529(a) requires an ALJ to consider all symptoms, including pain, in light of objective medical and other evidence, and a claimant's statements alone cannot establish disability.

Breton v SSA · filed 2017-03-27(a)

In determining whether a 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) (2016) (since amended). That “other evidence” includes a claimant’s own reports, but a claimant’s “statements about [her] pain or other symptoms will not alone establish that [she is] disabled.” Id.

Section 404.1529(a) requires an ALJ determining a claimant’s residual functional capacity to consider all of the claimant’s testimony about her impairments and limitations in daily life and ability to work.

Deane v. Colvin · filed 2017-03-29(a)

In determining a claimant’s RFC, the ALJ must consider all of the claimant’s testimony about her impairments and limitations in daily life and ability to work, 20 C.F.R. § 404.1529(a).

Section 404.1529(c)(3)(i) permits an ALJ to consider a claimant's daily activities and other evidence when evaluating the extent of pain or other symptoms.

Lucas v. Berryhill · filed 2017-04-25(c)(3)(i)

While an ALJ must consider a claimant’s testimony, it may look to other evidence in determining the nature or extent of an impairment. See 20 C.F.R. §§ 404.1529(c), 416.929(c). Here, the ALJ considered various sources of evidence and justifiably declined to give less than determinative weight to Lucas’s testimony regarding how her pain affected her ability to function independently. The ALJ only partially credited Lucas’s testimony because, in October 2011, she reported that she independently cooked, cleaned and performed household chores, but by March 2012, she stated she could no longer do any of those things, “with little evidence in the record showing that her condition significantly worsened in that short time frame.” Admin. R. at 15; see 20 C.F.R. § 404.1529(c)(3)(i) (listing “daily activities” as an appropriate consideration in determining a claimant's level of pain).

Section 404.1529(a) requires an adjudicator, after finding a medically determinable impairment that could produce the alleged symptoms, to assess whether the symptoms are consistent with the objective medical evidence and other evidence and how they limit the claimant's capacity for work.

Dean v. Colvin · filed 2016-10-03(a)

If the hearing officer answers this in the affirmative, he proceeds to “consider ‘the extent to which the claimant’s symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence’ of reeord[,]” id. (quoting 20 C.F.R. § 404.1529(a)) (alterations omitted), and further, “the extent to which the [claimant’s] symptoms limit the claimant’s capacity for work[,]” Cichocki v. Astrue, 534 Fed.Appx. 71, 75 (2d Cir.2013) (internal citation omitted).

Section 404.1529(c)(3) requires the ALJ to consider the listed factors when evaluating a claimant’s pain and other subjective symptoms, but does not require written findings on each factor.

Arrington v. Colvin · filed 2016-11-03(c)(3)

While the ALJ must consider each of these factors, there is no requirement that he make specific findings regarding each of the factors in his written decision. See 20 C.F.R. § 404.1529(c)(3) (listing Avery factors as factors that the Commissioner “will consider” in evaluating subjective complaints of pain and other symptoms).

Section 404.1529 requires an ALJ to evaluate the intensity and persistence of a claimant’s symptoms, considering the entire record and relevant factors, and to account for inconsistencies between the claimant’s statements and the evidence.

Brown v. Commissioner of Social Security · filed 2017-02-22(c)(1)-(4)

Under federal regulations, if the record shows that a claimant has a medically determinable impairment that could reasonably be expected to produce her symptoms, the ALJ must evaluate the intensity and persistence of the symptoms in determining how they limit the claimant’s capacity for work. 20 C.F.R. § 404.1529(c)(1).

Section 404.1529(a) limits an ALJ’s evaluation of a claimant’s statements to statements about the claimant’s pain and symptoms.

Ring v. Berryhill · filed 2017-03-15(a)

Thus, the ALJ’s finding regarding a claimant’s statements is limited to such statements that are about the claimant’s pain and symptoms.

Section 404.1529 requires an ALJ to evaluate the intensity and persistence of alleged symptoms after a claimant shows a medically determinable impairment, and to consider evidence beyond objective medical findings rather than rejecting statements solely for lack of objective support.

Grier v. Colvin · filed 2015-07-31(a), (c)(1)-(3)

A claimant’s statements about pain or other symptoms do not alone establish disability. ... Even if a claimant is able to show medical impairments that could reasonably be expected to produce the alleged symptoms, the Commissioner “must then evaluate the intensity, persistence of [the claimant’s] symptoms so that [the Commissioner] can determine how [the claimant’s] symptoms limit [the claimant’s] capacity for work.” 20 C.F.R. § 404.1529(c)(1). ... Furthermore, the ALJ may not reject the claimant’s statements as to the intensity and persistence “solely - because the available objective medical evidence does not substantiate [claimant’s] statements.” 20 C.F.R. § 404.1529(c)(2); ... Instead, the ALJ is bound to consider other evidence, in addition to- the objective tnedical evidence, because “symptoms sometimes suggest a greater severity of impairment than can be shown by objective medical evidence alone.” 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 provides that subjective symptoms alone are insufficient to establish disability, and permits the Commissioner to evaluate a claimant’s testimony against independent evidence, including daily activities.

Cohen v. Commissioner of Social Security · filed 2016-03-17(a), (c)(3)(i)

At the outset, subjective symptoms are alone insufficient to support a finding of a disability under the act. 42 U.S.C. § 423(d)(5)(A); 20 C.F.R. §§ 404.1529(a), 416.929(a); see also Gallagher v. Schweiker, 697 F.2d 82, 83-84 (2d Cir. 1983). The Commissioner may also credit or discredit the claimant’s testimony based on independent evidence. See Marcus v. Califano, 615 F.2d 23, 27 (2d Cir. 1979). In this case, while Cohen testified that she “had no hobbies” and was unable to use public transportation, there was considerable evidence in the record that she was able to go out with friends, go to the movies, and use public transportation to get to her appointments with her treating physicians. See 20 C.F.R. §§ 404.1529(c)(3)(i), 416.929(c)(3)(i).

Section 404.1529(a) requires the ALJ to assess whether a claimant's self-reported symptoms are consistent with the objective medical evidence and other evidence of record.

Tricarico v. Colvin · filed 2017-03-03(a)

As to a complainant’s credibility, the ALJ’s task is to consider the extent to which his self-reported symptoms could “reasonably be accepted as consistent with the objective medical evidence and other evidence of record.” Genier v. Astrue, 606 F.3d 46, 49 (2d Cir. 2010) (per curiam) (quoting 20 C.F.R. § 404.1529(a)) (internal quotation marks omitted).

Section 404.1529(c)(1) requires the hearing officer to evaluate evidence about the intensity of a claimant’s symptoms and their effect on the claimant’s ability to function.

Sanchez v. Colvin · filed 2015-09-28(c)(1)

At the second step in determining Sanchez’s residual functional capacity, the hearing officer evaluates the evidence concerning the intensity of said symptoms, and their effect on Sanchez’s ability to function. See 20 C.F.R. § 404.1529(c)(1).

Section 404.1529 requires an administrative law judge assessing a claimant's credibility to consider seven specified factors in addition to objective medical evidence.

Willyard v. Colvin · filed 2015-12-08(c)(3)

In addition to the objective medical evidence, an ALJ is required to consider each of the seven factors set forth in 20 C.F.R. § 404.1529 when assessing credibility.

Section 404.1529 requires consideration of treatment for pain relief and other measures used to relieve pain when evaluating pain severity.

Stark v. Colvin · filed 2016-02-22(c)(3)(v), (vi)

The ALJ cursorily mentioned Stark’s treatments, but she did not consider how the treatments relieved Stark’s pain. See 20 C.F.R. § 404.1529(c)(3)(v), (vi) (factors relevant to severity of pain include treatment for pain relief and other measures to relieve pain, like lying flat on the back).

Section 404.1529(c)(3) permits an ALJ assessing the severity of a claimant’s symptoms to consider the effectiveness and side effects of medication and other treatment.

Bowman v. Colvin · filed 2017-01-06(c)(3)

The law allows an ALJ to consider the effectiveness of treatment as a factor in determining the severity of Plaintiffs symptoms. 20 C.F.R. § 404.1529(c)(3) (in assessing a claimant’s credibility, the ALJ may consider “the type, dosage, effectiveness, and side effects of any medication”); ... As a result, the ALJ did not err in finding that several of her conditions were controlled by medication.

Section 404.1529 permits an adjudicator to consider a claimant’s daily activities when evaluating the credibility of the claimant’s asserted symptom limitations.

Shepard v. Commissioner of Social Security · filed 2017-09-26

It was entirely appropriate for the ALJ to consider whether Shepard’s asserted limitations were consistent with her ability to drive, prepare simple meals, shop, and go to eat or the movies. See 20 CFR § 404.1529. Such activity may be considered in making a credibility determination regarding a claimant’s asserted limitations.

Section 404.1529(c)(3) allows an ALJ to consider a claimant's daily activities when determining the severity of the claimant's impairment.

Simmons v. Commissioner Of Social Security Administration · filed 2017-12-22(c)(3)

It is well understood “that an ALJ may consider a claimant's daily activities in assessing the severity of a claimant's symptoms such as pain.” ... see also 20 C.F.R. § 404.1529(c)(3) (stating that the ALJ can consider activities of daily living to determine the severity of a claimant’s impairment). ... Here, the undersigned is satisfied that the ALJ’s consideration of Plaintiff’s daily activities comfortably fits within §§ 404.1527(c)(4) and 404.1529(c)(3). Accordingly, the undersigned finds no error.

Section 404.1529(c)(3)(i) permits an ALJ to consider a claimant’s daily activities when evaluating the intensity, persistence, and limiting effects of symptoms, but the ALJ must explain why those activities are inconsistent with the alleged limitations.

Cullinan v. Berryhill · filed 2017-12-28(c)(3)(i)

Daily activities may be used to discredit a claimant’s testimony. ... But the ALJ did not explain why doing these household chores was inconsistent with Cullinan’s description of her pain and limited mobility. Nor is any inconsistency obvious, so the ALJ did not substantiate the finding that Cullinan’s daily activities reveal any exaggeration of Cullinan’s limitations.

Section 404.1529(c)(3) requires an ALJ to consider a claimant’s daily activities when evaluating the effect of symptoms.

Arseneau v. Nancy A. Berryhill, Acting Commissioner of Social Security · filed 2018-08-14(c)(3)

Rather, the ALJ discussed Arseneau caring for her grandson as evidence of her daily activities in evaluating her subjective complaints. That is precisely what SSR 16-3p and corresponding social security regulations require an ALJ to consider. See SSR 16-3p, 82 Fed. Reg. at 49465 (directing the ALJ to consider a claimant’s daily activities when evaluating the effect of his or her symptoms); see also 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c) identifies a claimant’s daily activities as a regulatory factor to consider when evaluating symptoms.

Bryant v. Commissioner of Social Security · filed 2019-07-22(c)

The ALJ in this case appropriately considered the evidence of record related to Plaintiff’s daily activities as one of the regulatory factors set forth in 20 C.F.R. §§ 404.1529(c) and 416.929(c).

Section 404.1529(c)(3)(i) permits consideration of daily activities when assessing symptom intensity and persistence, but activities performed on a good day say little about a claimant’s capabilities on bad days.

Lopez v. Kijakazi · filed 2019-08-26(c)(3)(i)

Although an ALJ may properly consider a claimant’s daily activities when evaluating the intensity and persistence of a claimant’s symptoms, § 404.1529(c)(3)(i), here, the ALJ’s citation to Lopez’s daily tasks as described in the hearing omitted the fact that Lopez described her capabilities “if it’s a good day.” R. 20, 48. The ability to perform certain daily activities on a good day says little about capabilities on bad days when symptoms are at their worst.

Section 404.1529(a) and (c) require an ALJ to consider a claimant's daily activities, along with objective medical evidence, when evaluating subjective complaints.

WILLIAMS v. SAUL · filed 2019-09-09(a), (c)

In fact, the regulations require an ALJ to consider a claimant’s daily activities in determining the claimant’s ability to work. See 20 C.F.R. § 404.1529(a), (c); see also Macia v. Bowen, 829 F.2d 1009, 1012 (11th Cir. 1987). Thus, an ALJ must consider daily activities—in addition to the objective medical evidence—in evaluating Plaintiff’s subjective complaints.

Section 404.1529(c)(3)(i) allows adjudicators to consider a claimant’s daily activities when assessing how symptoms limit the claimant’s capacity to work.

White v. SSA · filed 2019-09-25(c)(3)(i)

While that may be true, daily activities are one factor ALJs may consider when determining the extent to which a claimant’s symptoms limit their capacity to work. 20 C.F.R. § 404.1529(c)(3)(i); see also Helm v. Comm’r of Soc. Sec. Admin., 405 F. App’x 997, 1002 (6th Cir. 2011) (unpublished) (holding the claimant’s “activities around the house” and medication only treatment regimen constituted “good reasons” for discounting a treating doctor’s opinion).

Section 404.1529(c)(3)(i) directs the agency to consider a claimant's daily activities when evaluating the severity of symptoms.

Hughes, Amanda v. Saul, Andrew · filed 2019-09-30(c)(3)(i)

But the ALJ did not do this here. Rather, the ALJ considered Hughes’s description of her daily activities in assessing whether Hughes’s testimony about the effects of her impairments was credible or exaggerated. See 20 C.F.R. § 404.1529(c)(3)(i) (explaining that agency will consider daily activities in evaluating severity of claimant's symptoms).

Section 404.1529(c)(3)(i) permits an ALJ to consider a claimant’s daily activities when assessing the claimant’s symptoms.

Vance, Donya v. Berryhill, Nancy · filed 2019-11-08(c)(3)(i)

... defendant correctly points out that the regulations expressly provide that an ALJ may consider a claimant’s daily activities in assessing credibility. See 20 C.F.R. § 404.1529(c)(3)(i).

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

Harper v. Saul(CONSENT) · filed 2019-11-25(c)(3)(i)

In addition, the ALJ found that Plaintiff’s reported daily activities undermined her claim of disability. See 20 C.F.R. § 404.1529(c)(3)(i); Majkut v. Comm’r of Soc. Sec., 394 F. App’x 660, 663 (11th Cir. 2010) (an ALJ may consider a claimant’s daily activities as a factor when evaluating the claimant’s symptoms).

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

Barnhart v. Commissioner of Social Security · filed 2019-12-04(c)(3)

However the ALJ may properly discount a claimant’s testimony where the testimony does not square with the claimant’s daily activities. See Burrell v. Colvin, 775 F.3d 1133, 1137 (9th Cir. 2014);20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3) ).

Section 404.1529(c)(3)(i) permits an ALJ to consider a claimant's daily activities when evaluating the intensity, persistence, and limiting effects of symptoms, but the activities must be considered with their reported limitations.

Mccollim v. Saul · filed 2020-01-13(c)(3)(i)

While it certainly was appropriate for the ALJ to consider Mccollim’s reported activities, see 20 C.F.R. §§ 404.1529(c)(3)(i), 416.929, the court agrees that the ALJ largely failed to discuss limitations she reported with those activities. ... In short, the ALJ presented Mccollim’s daily activities in a manner that appears to overstate her reported capabilities.

Section 404.1529(c)(3) identifies a claimant’s daily activities as a relevant factor an ALJ may consider when evaluating subjective pain testimony.

Elledge v. Social Security Administration, Commissioner · filed 2020-01-24(c)(3)

The ALJ may consider a claimant’s daily activities when making a credibility finding. See 20 C.F.R. § 404.1529(c)(3) (listing “daily activities” as a relevant factor to consider in evaluating a claimant’s subjective pain testimony).

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

Lewis v. Commissioner of Social Security · filed 2020-02-03(c)(3)(i)

Activities inconsistent with the alleged symptoms are proper grounds for questioning the credibility of subjective complaints. Molina, 674 F.3d at 1113; see also Rollins, 261 F.3d at 857; 20 C.F.R. §§ 404.1529(c)(3)(i), 416.929(c)(3)(i). ... However, if the claimant’s level of activity is inconsistent with the limitations he or she claims to have, this has a bearing on the claimant’s credibility. ... Because Plaintiff’s daily activities undermined his claims that he was unable to concentrate or prioritize tasks well enough to handle a simple position, this was a proper basis for discounting his credibility.

Section 404.1529(c)(3)(iv)-(v) permits an ALJ evaluating symptom severity to consider the effectiveness of medication and the treatment received for relief of symptoms.

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

The Court further finds that this reason constituted a legally sufficient reason for not crediting plaintiff’s testimony regarding the severity of her Crohn’s symptoms under both the Commissioner’s regulations and Ninth Circuit case law. See 20 C.F.R. § 404.1529(c)(3)(iv)-(v); Warre v. Comm’r of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006) (stating that “[i]mpairments that can be controlled effectively with medication are not disabling for purposes of determining eligibility for [social security] benefits”); Morgan v. Comm’r of Soc. Sec. Admin., 169 F.3d 595, 599-600 (9th Cir. 1999) (ALJ may properly base adverse credibility determination on treating physician’s report that claimant’s symptoms had improved with the use of medication).

Section 404.1529(c)(3) requires consideration of a claimant's daily activities as a factor when evaluating symptoms.

Ropati v. Berryhill · filed 2020-03-04(c)(3)

An ALJ is permitted to consider daily living activities in his credibility analysis. See 20 C.F.R. § 404.1529(c)(3) (daily activities are a relevant factor which will be considered in evaluating symptoms); see also Bray v. Comm’r of Soc. Sec. Admin., 554 F.3d 1219, 1227 (9th Cir. 2009) (“In reaching a credibility determination, an ALJ may weigh inconsistencies between the claimant’s testimony and his or her conduct, daily activities, and work record, among other factors”).

Section 404.1529(c)(3) requires the ALJ to consider a claimant’s daily activities when evaluating testimony about the limiting effects of symptoms.

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

The ALJ must consider daily activities in evaluating Cody’s testimony about the limiting effects of her symptoms. 20 C.F.R. § 404.1529(c)(3); SSR 16-3p, at *7. ... The ALJ properly considered Cody’s daily activities in evaluating the limiting effect of her symptoms.

Section 404.1529(c)(2) allows medical evidence to be considered when determining the severity and disabling effects of a claimant’s pain.

Garbe v. Commissioner of Social Security · filed 2020-03-30(c)(2)

An ALJ may not discredit a claimant’s pain testimony and deny benefits solely because the degree of pain alleged is not supported by objective medical evidence. ... However, the medical evidence is a relevant factor in determining the severity of a claimant’s pain and its disabling effects. ... 20 C.F.R. § 404.1529(c)(2).

Section 404.1529(c)(3)(i) permits an adjudicator to consider a claimant’s daily activities when evaluating the intensity, persistence, and limiting effects of symptoms.

Davidson v. Commissioner of Social Security · filed 2020-04-03(c)(3)(i)

The ALJ could properly consider plaintiff’s daily activities along with the other evidence in evaluating whether plaintiff is disabled and in formulating his RFC. See 20 C.F.R. §404.1529(c)(3)(i); Cruse v. Comm’r of Soc. Sec., 502 F.3d 532, 543 (6th Cir. 2007).

Section 404.1529(c)(3)(i) instructs an ALJ to consider a claimant’s daily activities when evaluating subjective symptoms, and that analysis may be extended to evaluating opinion evidence.

BOWLES v. SAUL · filed 2020-04-22(c)(3)(i)

The regulations also instruct the ALJ to consider the claimant’s activities of daily living when evaluating the claimant’s subjective symptoms. 20 C.F.R. § 404.1529(c)(3)(i). The Seventh Circuit had held that it is proper to extend that analysis to an evaluation of the opinion evidence.

Section 404.1529(c)(2) permits an ALJ to consider objective medical evidence when evaluating the severity and disabling effects of a claimant’s symptoms, but not to reject pain testimony solely because it lacks objective support.

Hughes v. Saul · filed 2020-09-23(c)(2)

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

Section 404.1529(c)(3)(i) requires an ALJ to consider a claimant’s daily activities when evaluating the claimant’s symptoms.

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

These activities did not support Plaintiff’s claims that he was unable to perform any type of work. See Poupore v. Astrue, 566 F.3d 303, 307 (2d Cir. 2009) (claimant’s abilities to watch television, read, drive, and do household chores supported ALJ’s finding that his testimony was not fully credible); see also 20 C.F.R. §§ 404.1529(c)(3)(i), 416.929(c)(3)(i) (ALJ must consider claimant’s “daily activities” when evaluating symptoms).

Section 404.1529(c)(3) permits an ALJ to consider a claimant's daily activities when evaluating subjective symptoms and complaints.

Coppolo v. Social Security Administration, Commissioner · filed 2020-10-28(c)(3)

An ALJ may consider a claimant’s daily activities when evaluating his subjective complaints. See 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3)(i) permits an ALJ to assess the severity of a claimant’s subjective symptoms by considering the claimant’s daily activities.

Johnson v. Kijakazi · filed 2022-09-29(c)(3)(i)

But the ALJ properly analyzed Ms. J.’s daily activities to assess her subjective symptoms. See 20 C.F.R. §§ 404.1529(c)(3)(i), 416.929(c)(3)(i).

Section 404.1529(c)(3)(i) requires consideration of daily activities, and an ALJ may use them to assess symptom statements if the ALJ also addresses the claimant’s statements and medical evidence and explains the connection to the assessment.

Copenhaver v. Social Security Administration · filed 2022-09-29(c)(3)(i)

An ALJ is required to consider a claimant’s reported activities of daily living. See 20 C.F.R. §§ 404.1529(c)(3)(i), 416.929(c)(3)(i). ... The ALJ also adequately explained the link between the evidence and her assessment of Plaintiff's subjective statements. See Kepler, 68 F.3d at 391. Accordingly, Plaintiff has shown no reversible error.

Section 404.1529(c)(3)(i) permits an ALJ to compare claimed limitations with daily activities when assessing symptom consistency, but self-reports alone do not require an additional RFC limitation.

Reisch v. Commissioner of Social Security · filed 2022-10-21(c)(3)(i)

An ALJ may consider the nature of a claimant’s daily activities in evaluating the consistency of allegations of disability with the record as a whole. ... However, the ALJ was not required to include an off-task limitation merely based on Plaintiff’s self-reports.

Daily activities do not undermine symptom allegations under § 404.1529(c)(3) merely because a claimant cares for family members out of necessity; the ALJ must explain how the activities contradict the claimed limitations and consider evidence about how they are performed.

Moore v. Commissioner of Social Security · filed 2022-11-22(c)(3)

The ALJ is not permitted to find that Plaintiff’s subjective symptoms are exaggerated based on an ability to care for family members, as a claimant may be required to care for family members out of necessity despite suffering from symptoms due to his impairments. Beardsley v. Colvin, 758 F.3d 834, 838 (7th Cir. 2014); Gentle v. Barnhart, 430 F.3d 865, 867 (7th Cir. 2005). The ALJ has failed to explain how Plaintiff’s ability to care for his wife and children’s basic needs contradicts his symptoms related to his pain or his mental impairments.

Section 404.1529(c) does not permit an ALJ to lump daily activities together without addressing the claimant’s qualifications or explaining how the activities contradict the alleged pain and limitations.

Hughes v. Kijakazi · filed 2022-12-27(c)

Here, the ALJ lumped Plaintiff’s daily activities all together and found ... Plaintiff could perform these activities without analyzing each statement and ... observing that Plaintiff (and his wife) qualified each of his activities to such an ... extent that they became meaningless. Plaintiff never claimed to have spent a ... substantial part of his day performing these activities.

Sections 404.1529(a) and (c) permit consideration of qualified daily activities and normal findings without equating those activities to work, when the ALJ evaluates the record as a whole and credits supported social limitations.

Bryne, Dylan v. Saul, Andrew · filed 2023-01-30(a), (c)

In sum, the ALJ’s decision makes clear that he weighed all the important evidence in the record but was ultimately not persuaded that Bryne’s symptoms were so severe as to preclude her from all work activity. Because that conclusion was not patently wrong, I must affirm it.

Sections 404.1529(c)(3)–(4) permit an ALJ to consider medical, lay, activity, treatment-frequency, and inconsistency evidence, while using daily activities only to assess consistency rather than as direct proof of work capacity.

Luck v. Commissioner of Social Security · filed 2023-02-06(c)(3)–(4)

The undersigned concludes that the ALJ’s findings are supported by substantial evidence and fully ... comport with applicable law.

Sections 404.1529(c)(3)(iv) and (v) permit an ALJ to consider the effectiveness of medication and other treatment, including documented improvement, when evaluating symptom allegations.

Almaguer v. Commissioner of Social Security Administration · filed 2021-06-09(c)(3)(iv)-(v)

The ALJ was permitted to consider whether Plaintiff improved with treatment, and the varying indications of improvement with treatment are substantial evidence supporting the ALJ’s decision to discount Plaintiff’s testimony. See 20 C.F.R. § 404.1529(c)(3)(iv)–(v); see also Warre v. Comm’r, 439 F.3d 1001, 1006 (9th Cir. 2006). The Court rejects Plaintiff’s argument that the ALJ did not identify findings consistent with sustained improvement. (Pl. Br. at 14–15.) Though perhaps some findings support Plaintiff’s view of the evidence that his improvement was only partial and temporary, the ALJ’s interpretation was a reasonable one, and thus, is entitled to deference. See Thomas, 278 F.3d at 954.

Section 404.1529 permits an ALJ to discount symptom testimony based on treatment only when the treatment could effectively control the symptoms and provide lasting relief.

Lopez v. Colvin · filed 2016-07-11(c)(3)(iv)-(v)

The fact that a claimant experienced a brief period of reprieve following treatment does not support a finding that her pain was controlled. Rather, the ALJ must show that the treatment was capable of providing lasting relief.

Section 404.1529(c)(3)(iv) treats the effectiveness of medication and treatment as relevant evidence when evaluating a claimant’s alleged symptoms.

McGuire v. Commissioner of Social Security · filed 2019-10-28(c)(3)(iv)

The effectiveness of medication and treatment are relevant to the evaluation of a claimant’s alleged symptoms. 20 C.F.R. §§ 404.1529(c)(3)(iv), 416.929(c)(3)(iv).

Section 404.1529(c)(3)(iv)-(v) allows an adjudicator to consider the effectiveness of medication and other treatment when evaluating the intensity and persistence of a claimant’s symptoms.

Clarke v. Saul · filed 2020-03-11(c)(3)(iv)-(v)

The seeming efficacy of plaintiff’s medication regimen also constituted a legally sufficient reason for not crediting plaintiff’s testimony regarding the severity of her mental impairments under both the Commissioner’s regulations and Ninth Circuit case law. See 20 C.F.R. § 404.1529(c)(3)(iv)-(v); Warre v. Comm’r of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006) (stating that “[i]mpairments that can be controlled effectively with medication are not disabling for purposes of determining eligibility for [social security] benefits”).

Section 404.1529(c)(3)(iv) makes the effectiveness of medication and treatment relevant when evaluating a claimant's alleged symptoms.

Parker v. Commissioner of Social Security · filed 2020-03-24(c)(3)(iv)

With respect to the ALJ’s second reason, evidence of conservative treatment successfully relieving symptoms can serve as a clear and convincing reason for discounting a Plaintiff’s testimony. See 20 C.F.R. § 404.1529(c)(3)(iv) (the effectiveness of medication and treatment are relevant to the evaluation of a claimant’s alleged symptoms); see also Tommasetti v. Astrue, 533 F.3d 1035, 1040 (9th Cir. 2008) (citing Parra v. Astrue, 481 F.3d 742, 750–51 (9th Cir.2007) (stating that “evidence of ‘conservative treatment’ is sufficient to discount a claimant's testimony regarding severity of an impairment”).

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

Elben v. Saul · filed 2020-04-15(c)(3)

The effectiveness of medication and 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) (2017); see Warre v. Comm’r of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006) (recognizing that conditions effectively controlled with medication are not disabling for purposes of determining eligibility for benefits) (internal citations omitted); see also 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.).

Section 404.1529(c)(3)(iv) makes the effectiveness of medication and treatment relevant to evaluating a claimant's alleged symptoms.

Black v. Commissioner of Social Security · filed 2020-09-15(c)(3)(iv)

As for the ALJ’s second and third reasons, a finding that a claimant’s condition improved with treatment can serve as a clear and convincing reason for discounting her testimony. See 20 C.F.R. § 404.1529(c)(3)(iv) (the effectiveness of medication and treatment are relevant to the evaluation of a claimant’s alleged symptoms); Wellington v. Berryhill, 878 F.3d 867, 876 (9th Cir. 2017) (evidence of medical treatment successfully relieving symptoms can undermine a claim of disability).

When evaluating symptoms under § 404.1529(c)(3)(iv), the relevant consideration is whether medication or treatment effectively relieves symptoms, not whether the treatment is aggressive or conservative.

Stoner v. Commissioner of Social Security · filed 2020-09-22(c)(3)(iv)

The conservative nature of treatment can serve as a specific, legitimate reason for discounting a medical opinion when it successfully relieves symptoms. See 20 C.F.R. § 404.1529(c)(3)(iv) (evaluating the effectiveness of medication and treatment and not whether treatment is aggressive or conservative).

Sections 404.1529(c)(3)(iv) and (v) direct an ALJ evaluating subjective symptoms to consider the effectiveness of medication and other treatment in alleviating those symptoms.

Beck v. Commissioner of Social Security · filed 2021-05-28(c)(3)(iv)-(v)

The ALJ, however, appropriately considered this evidence when evaluating Plaintiff’s prescribed medication regimen and other treatment. 20 C.F.R. §§ 404.1529(c)(3)(iv), (v), 416.929(c)(3)(iv), (v) (an adjudicator considers, among other things, the effectiveness of medication and other treatment in alleviating symptoms). ... The ALJ appropriately took this evidence into consideration when evaluating Plaintiff’s symptoms.

Sections 404.1529(c)(3)(iv) and (v) permit the effectiveness of medication and other treatment to support discounting a claimant’s statements about symptom severity.

(SS) Juniel v. Commissioner of Social Security · filed 2021-06-09(c)(3)(iv)-(v)

The ALJ carried the burden to identify medical records that supported her conclusion that Plaintiff’s symptoms were controlled by medication, and the efficacy of Plaintiff’s treatment constituted a clear and convincing reason for rejecting Plaintiff’s subjective statements regarding the severity of his impairments. See 20 C.F.R. § 404.1529(c)(3)(iv), (v); Warre v. Comm’r of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006) (“[i]mpairments that can be controlled effectively with medication are not disabling for purposes of determining eligibility for [social security]”). Thus, this factor supports the ALJ’s decision.

Section 404.1529(c)(3) makes treatment effectiveness relevant to symptom severity, so a favorable response to treatment may undermine allegations of disabling pain or other severe limitations.

Schmorde v. Saul · filed 2021-06-30(c)(3)

The effectiveness of treatment is a relevant factor in determining the severity of a claimant’s symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3) (2011); Warre v. Comm’r of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006) (determining that conditions effectively controlled with medication are not disabling for purposes of determining eligibility for benefits); Tommasetti v. Astrue, 533 F.3d 1035, 1040 (9th Cir. 2008) (recognizing that a favorable response to treatment can undermine a claimant’s complaints of debilitating pain or other severe limitations). ... On this record, the ALJ reasonably concluded that Plaintiff’s impairments when treated were not as limiting as Plaintiff claimed. This finding is supported by substantial evidence and was a clear and convincing reason to discount Plaintiff’s symptoms complaints. Plaintiff is not entitled to remand on these grounds.

Section 404.1529(c)(3)(v) makes the type and effectiveness of treatment relevant when evaluating pain, permitting consideration of conservative treatment and resulting improvement.

Tourville v. Commissioner of Social Security · filed 2021-07-13(c)(3)(v)

The regulations for pain evaluation stress that the ALJ should consider the type of treatment that the claimant receives when evaluating pain. See 20 C.F.R. § 404.1529. In doing so, the ALJ may consider conservative treatment when evaluating credibility. See Gonzales v. Barnhart, 465 F.3d 890, 892 (8th Cir. 2006). Plaintiff was treated with medications, chiropractic sessions, PT, steroid injections, and a brace. See Estes v. Barnhart, 275 F.3d 722, 725 (8th Cir. 2002) (If claimant can control her impairment by treatment or medication, she fails to show disability). The record shows that plaintiff reported some improvement with her pain with conservative treatment. Thus, the ALJ correctly considered plaintiff’s treatment history in the disability determination. (Tr. 22, 296-531, 545-763, 774-874.)

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

WIDHSON v. BURWELL · filed 2021-07-13(c)(3)(iv)

Second, in considering Plaintiff’s subjective complaints the ALJ failed to consider the efficacy of Plaintiff’s medications as required by the governing regulations. See 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3) (requiring consideration of type, dosage, effectiveness, and side effects of medications in evaluating subjective complaints). Review of Dr. Harman’s treatment notes reveals continuing intrusive thoughts of self-harm and insomnia despite multiple changes of medication. See supra at 13-14. The ALJ’s opinion is devoid of any consideration of Plaintiff’s medications and their efficacy (or lack thereof).

Section 404.1529(c)(3) makes treatment effectiveness relevant to symptom severity, so a favorable response to treatment may undermine complaints of debilitating symptoms or severe limitations.

Connolly v. Kijakazi · filed 2021-07-15(c)(3)

The effectiveness of treatment is a relevant factor in determining the severity of a claimant’s symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.913(c)(3); see Warre v. Comm’r of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006); 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). ... On this record, the ALJ reasonably found Plaintiff’s symptoms when treated were not as severe as Plaintiff claimed. This was a clear and convincing reason to discount Plaintiff’s symptom reports.

Section 404.1529(c)(3)(iv)-(v) requires consideration of medication and other treatment, and symptom improvement with treatment can support discounting symptom testimony.

Lopez v. Commissioner of Social Security Administration · filed 2021-09-30(c)(3)(iv)-(v)

Second, the ALJ discounted plaintiff’s testimony because of evidence showing her impairments improved with treatment. See AR at 35-36. Specifically, the ALJ noted that acupuncture decreased plaintiff’s pain and numbness in her hands. See AR at 35 (citing AR at 484). And the ALJ recognized that, following her shoulder surgery in early 2015, plaintiff reported her neck and shoulder pain improved. See id. at 35-36 (citing AR at 376, 445). There was also evidence from early 2016 that medications helped control plaintiff’s pain, bringing it down from an eight out of ten to two to four out of ten, which allowed her to perform activities of daily living. See AR at 36 (citing AR at 425-26). Thus, this was also a clear and convincing reason, backed by substantial evidence, to reject plaintiff’s testimony. See 20 C.F.R. § 404.1529(c)(3)(iv)-(v) (ALJs must consider effect of medication and other treatment on pain or other symptoms); Morales v. Astrue, 300 Fed. Appx. 457, 459 (9th Cir. 2008) (“Medical improvement is a clear and convincing reason for rejecting a claimant’s testimony.”); Celaya v. Halter, 332 F.3d 1177, 1181 (9th Cir. 2003) (ALJ’s finding that symptoms were controlled was clear and convincing reason to reject plaintiff’s testimony).

Section 404.1529(c)(3) permits an ALJ to consider the amount and type of treatment and medication, including evidence that medication relieves the claimant's symptoms.

Stephens v. Commissioner Social Security Administration · filed 2022-09-30(c)(3)

An ALJ may consider the amount and type of medication and treatment in evaluating the intensity and persistence of a claimant’s symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). Evidence that medication can help relieve symptoms “can undermine a claim of disability.” Wellington v. Berryhill, 878 F.3d 867, 876 (9th Cir. 2017).

Sections 404.1529(c)(3)(iv)–(v) permit an ALJ to infer that effective medication and other treatment undermine allegations of more severe symptoms.

Brock v. Commissioner Social Security Administration · filed 2022-10-26(c)(3)(iv)–(v)

Because Plaintiff’s conditions appeared to improve with treatment, it was reasonable for the ALJ to infer that Plaintiff’s symptom improvement contradicted his allegations to the contrary. 20 C.F.R. §§ 404.1529(c)(3)(iv)–(v), 416.929(c)(3)(iv)–(v).

Section 404.1529(c)(3)(iv) permits an ALJ to find symptom testimony less persuasive when treatment controls the symptoms.

(SS) Callahan v. Commissioner of Social Security · filed 2023-02-22(c)(3)(iv)

In evaluating a claimant’s claimed symptoms, an ALJ may find a plaintiff less credible when ... the record shows their symptoms are controlled.

Section 404.1529(c)(3)(iv)-(v) permits an ALJ evaluating subjective symptoms to consider medication type, dosage, effectiveness, and side effects as well as other treatment.

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

In assessing a claimant’s subjective symptoms, an ALJ may properly consider the “type, dosage, effectiveness, and side effects of any medication taken to alleviate pain,” as well as “treatment, other than medication” the claimant receives or has received to relieve “pain or other symptoms.” See 20 C.F.R. §§ 404.1529(c)(3)(iv)–(v), 416.929(c)(3)(iv)–(v).

Section 404.1529(c)(3)'s evaluation process presupposes that a claimant will seek appropriate medical care and recognizes that medication's beneficial effects may render an impairment non-severe.

STEVENS v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER · filed 2023-05-17(c)(3)

The evaluation process also presupposes that a claimant will seek appropriate medical care and that an impairment may be rendered non-severe by the beneficial impact of medication. 20 C.F.R. §§ 404.1529(c)(3), 404.1530, 416.929(c)(3), 416.930; Haynes v. Colvin, 614 Fed. Appx. 873, 876 (9th Cir. 2015) (affirming finding of non-severity based on positive impact of medication).

An ALJ may consider medication and other treatment, including effective symptom control, when evaluating symptom testimony.

Lane v. Commissioner of Social Security Administration · filed 2023-06-22(c)(3)

However, the ALJ may consider “whether the claimant takes medication or undergoes other treatment for the symptoms.” Lingenfelter, 504 F.3d at 1040; see 20 C.F.R. § 404.1529(c)(3). “Impairments that can be controlled effectively with medication are not disabling.”

Section 404.1529(c)(3) treats medication and nonmedication treatment as distinct symptom factors and permits a commonsense finding that a claimant pursued no treatment beyond medication management.

MORALES v. KIJAKAZI · filed 2023-09-13(c)(3)(iv)-(v)

Read in context, it is clear that over multiple paragraphs of the decision, the ALJ did adequately consider Morgan's treatment that consisted of medication management. ... In light of the ALJ's discussion of Morgan's medication treatment, the Court agrees with the Commissioner that the statement Morgan challenges was simply the ALJ noting that Morgan did not pursue any other treatments aside from her medication regimen. See 20 C.F.R. § 404.1529(c)(v) (outlining the different factors that the SSA will consider, including "[t]he type, dosage, effectiveness, and side effects of any medication" and "[t]reatment, other than medication, you receive or have received for relief of your pain or other symptoms") (emphasis added).

Subsections 404.1529(c)(3)(iv)-(v) permit an ALJ to consider medication and other treatment used for symptom relief, including documented improvement from injections and prescriptions.

Brinkley · filed 2026-02-12(c)(3)(iv)-(v)

Plaintiff specifically challenges the ALJ’s findings that treatment and medication helped control Plaintiff’s pain symptoms. This challenge is unpersuasive here because the ALJ’s finding is substantially supported by evidence in the record, including for example, 2022 medical records noting 80% improvement of low back pain after receiving injections and Plaintiff’s 2023 report that the prescription Pamelor had greatly improved her symptoms and she was feeling much better overall (Tr. 581, 1024). See 20 C.F.R. § 404.1529(c)(3)(iv)-(v) (ALJ may consider treatment including medication and other modalities used to obtain symptoms relief).

Subsections 404.1529(c)(3)(iv)-(v) permit an ALJ to use evidence that therapy, medication management, or other treatment alleviated symptoms when assessing allegations of disabling severity.

Rice · filed 2026-03-19(c)(3)(iv)-(v)

Second, without denying the existence of Plaintiff’s symptoms, the ALJ reasonably relied on evidence showing that they improved with treatment. The decision discussed medical records reflecting improvement through therapy, medication management, and other treatment modalities, as well as failure to follow treatment. AR 30-33 (citing AR 775, 953-80, 1146). Such evidence may properly undermine allegations of disabling symptoms when the record reflects that treatment alleviated those symptoms. See 20 C.F.R. §§ 404.1529(c)(3)(iv)-(v), 416.929(c)(3)(iv)-(v) (effectiveness of medical treatment); Wellington v. Berryhill, 878 F.3d 867, 876 (9th Cir. 2017) (“[E]vidence of medical treatment successfully relieving symptoms can undermine a claim of disability.”).

Subsections 404.1529(c)(3)(iv)-(v) make improvement from medication and other treatment relevant when evaluating alleged symptom intensity and persistence.

Hathaway · filed 2026-03-19(c)(3)(iv)-(v)

Although Plaintiff continued to report some symptoms, evidence of improvement with treatment is a relevant consideration when evaluating the intensity and persistence of alleged symptoms. See 20 C.F.R. §§ 404.1529(c)(3)(iv)-(v), 416.929(c)(3)(iv)-(v) (effectiveness of medical treatment); Wellington v. Berryhill, 878 F.3d 867, 876 (9th Cir. 2017) (“[E]vidence of medical treatment successfully relieving symptoms can undermine a claim of disability.”); see also Warre v. Comm’r of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006) (“Impairments that can be controlled effectively with medication are not disabling for the purpose of determining eligibility for SSI benefits.”).

Subsections 404.1529(c)(3)(iv)-(v) make medication effectiveness, side effects, and non-medication treatment relevant to evaluating subjective symptom severity.

Oslavic · filed 2026-03-19(c)(3)(iv)-(v)

Specifically, two of the applicable regulatory factors under SSR 16-3p include the type, effectiveness, and side effects of the claimant’s medication, and the claimant’s non-medication treatments. See SSR 16-3p, 2017 WL 5180304, at *8; 20 C.F.R. §§ 404.1529(c)(3)(iv)-(v), 416.929(c)(3)(iv)-(v). The ALJ noted Oslavic attended physical therapy for back, hip, and knee pain, which helped manage her pain. (Doc. 7 at 47.) The ALJ further noted Oslavic took Ibuprofen for her joint and back pain. (Id.) Thus, the ALJ considered the applicable regulatory factors by highlighting Oslavic’s “relatively conservative treatment with medication and physical therapy.” (Id. at 48.)

Section 404.1529(c)(3) makes the effectiveness of treatment and medication a relevant factor in evaluating a claimant’s symptoms.

Busbee v. Saul · filed 2020-06-12(c)(3)

In assessing Plaintiff’s subjective symptoms, effectiveness of treatment and medication is a relevant factor.

Section 404.1529(c)(3)(iv)–(v) directs an ALJ to consider the effects of medication and treatment when evaluating the severity of alleged symptoms.

Landess v. Social Security Administration, Commissioner of · filed 2022-09-26(c)(3)(iv)–(v)

Additionally, the ALJ properly noted that Plaintiff’s symptoms improved with treatment, even if they were not completely eliminated [Tr. 17, 1243, 1513]. See 20 C.F.R. §§ 404.1529(c)(3)(iv)–(v), 416.929(c)(3)(iv)–(v) (directing consideration of the effect of a claimant’s medication and treatment when considering the severity of alleged symptoms).

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

Lucero v. Commissioner of Social Security Administration · filed 2023-05-09(c)(3)

However, the ALJ may consider “whether the claimant takes medication or undergoes other treatment for the symptoms.” Lingenfelter, 504 F.3d at 1040; see 20 C.F.R. § 404.1529(c)(3). ... Based upon the medical evidence, Plaintiff exhibited improvement with her prescribed treatment plans.

Section 404.1529 permits an ALJ to consider medication and the effectiveness of treatment when evaluating the severity of a claimant’s symptoms.

McPhee v. Kijakazi · filed 2023-12-12(c)(3)(iv)-(v)

But an ALJ may consider the effectiveness of treatment and medication in evaluating the nature and severity of a claimant's subjective allegations.

Section 404.1529(c)(3)(v) permits an ALJ to consider treatment received for symptom relief when evaluating a claimant’s symptoms.

Diggs v. Kijakazi · filed 2023-12-15(c)(3)(v)

In assessing the credibility of a claimant’s subjective symptom testimony, an ALJ may consider whether the claimant had a “fair response” to medication or treatment.

Section 404.1529(c)(3)(iv)-(vi) makes the effectiveness of medication, other treatment, and symptom-relief measures relevant when evaluating a claimant’s symptoms.

Miller v. Commissioner Social Security Administration · filed 2024-01-12(c)(3)(iv)-(vi)

Relevant factors for the ALJ to consider when evaluating symptom testimony include “[t]he type, dosage, effectiveness, and side effects of any medication” the plaintiff takes to alleviate symptoms, as well as treatment besides medication that relieves symptoms, and other measures used to relieve pain or other symptoms. 20 C.F.R. § 404.1529(c)(3)(iv)-(vi). ... The efficacy of therapy is not a basis to discount Plaintiff’s symptom testimony.

Section 404.1529 allows an ALJ to consider medication effectiveness and treatment history when evaluating a claimant’s symptoms.

(SS) Munoz v. Commissioner of Social Security · filed 2024-01-24(c)(3)(iv), (v)

An ALJ is permitted to consider evidence of conservative treatment in evaluating a claimant’s subjective complaints. See Parra v. Astrue, 481 F.3d 742, 750-51 (9th Cir. 2007) (finding evidence of conservative treatment sufficient to discount claimant’s testimony regarding severity of impairment); see also 20 C.F.R. § 404.1529(c)(3)(iv), (v) (medication effectiveness and treatment history are relevant factors for evaluating a claimant’s symptom testimony); Warre v. Comm’r of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006) (“Impairments that can be controlled effectively with medication are not disabling.”).

Section 404.1529(c) permits an ALJ to consider the effectiveness of medication when evaluating a claimant’s symptoms, but a finding of improvement must be supported by evidence.

Sarah Ann Elizabeth Ayala v. Bisignano · filed 2025-09-17(c)

When evaluating a claimant’s subjective statements, the ALJ may consider “the type, dosage, effectiveness, and side effects of any medication.” 20 C.F.R. §§ 404.1529(c), 416.929(c). However, it is insufficient for an ALJ simply to state that a claimant showed improvement with treatment. Rather, an ALJ must cite evidence to support such a conclusion. ... The Court is unable to find “improvement with treatment” is a clear and convincing reason to support the rejection of Plaintiff’s subjective statements.

Section 404.1529(c)(3) requires the ALJ to consider evidence such as a claimant's daily activities, the duration and frequency of pain, medication, and treatment when the claimant's subjective pain evidence suggests greater impairment than objective evidence alone demonstrates.

Reynard v. Colvin · filed 2016-11-02(c)(3)

If a claimant’s subjective evidence of pain suggests a greater severity of impairment than can be demonstrated by objective evidence alone, regulations require the ALJ to consider other evidence, such as the claimant’s daily activities, duration and frequency of pain, medication, and treatment.

Section 404.1529(b) requires a medically determinable impairment that could reasonably produce the alleged symptoms, after which subjective evidence of pain may by itself support a disability finding.

Bilotta v. Saul · filed 2021-03-10(b)

In this circuit, if “an underlying impairment capable of causing pain is shown, subjective evidence of the pain, its intensity or degree can, by itself, support a finding of disability.” Hines v. Barnhart, 453 F.3d 559, 564 (4th Cir. 2006). Bilotta’s osteoarthritis in his knee is a “medically determinable impairment” that could reasonably be expected to produce his symptoms of pain. See 20 C.F.R. § 404.1529(b); SSR 16-3p, 2016 WL 1119029, at *3 (Mar. 16, 2016). Having established that condition, Bilotta is “entitled to rely exclusively on his subjective evidence” of that pain to support his claim of disability during the relevant period. Hines, 453 F.3d at 565.

Section 404.1529(c) permits a claimant with fibromyalgia to rely exclusively on subjective evidence of symptom severity and bars an ALJ from effectively requiring objective corroboration.

Wilson v. Kijakazi · filed 2023-02-13(c)

Because this condition is often unsupported by objective medical evidence, Plaintiff is entitled to rely solely on subjective evidence to support her claim. By finding otherwise, the ALJ erred. ... In sum, the ALJ erred when assessing Plaintiff’s statements concerning her symptoms by focusing on objective medical evidence and increasing the Plaintiff’s burden of proof.

Section 404.1529 does not displace the rule that subjective evidence of disabling pain may support a disability finding without objective medical evidence.

Rivera v. Secretary of Health, Education & Welfare · filed 1981-04-11

Subjective evidence of disabling pain, factor number (3) above, may support a finding of disability even if it is unaccompanied by objective medical evidence. ... The Secretary has promulgated a new regulation that attempts to neutralize this long-established rule of law. See 45 Fed.Reg. 55567 (to be codified as 20 C.F.R. § 404.1529). As I have recently had occasion to observe, the attempt has not been successful.