20 C.F.R. § 404.1529

Section 404.1529 requires a two-step symptom analysis: first determine whether objective medical evidence shows an impairment that could reasonably produce the alleged symptoms, and then evaluate the symptoms’ intensity, persistence, and limiting effects on the claimant’s capacity to work.

Greenwood v. Dudek · filed 2025-03-11(a), (c)(3)

First, the ALJ must determine, based upon the claimant’s objective medical evidence, whether the medical impairments “could reasonably be expected to produce the pain or other symptoms alleged . . . .” 20 C.F.R. § 404.1529(a). Second, if the medical evidence alone establishes the existence of such impairments, then the ALJ need only evaluate the intensity, persistence, and limiting effects of a claimant’s symptoms to determine the extent to which it limits the claimant’s capacity to work. Id. § 404.1529(c)(3). ... The Court finds that the ALJ correctly applied the proper legal standards in assessing Plaintiff’s symptoms and adequately specified the reasons for discrediting Plaintiff’s statements. Therefore, the ALJ’s evaluation of symptoms is supported by substantial evidence.

Section 404.1529 requires consideration of a claimant’s symptom statements alongside objective medical evidence, daily activities, and conflicts with source statements, and symptom statements alone do not establish disability.

McDonald v. Dudek · filed 2025-03-11(a), (c)(3)(i), (c)(4)

The ALJ considered Plaintiff’s subjective complaints, including his father’s function report. (Tr. 16, 21) See 20 C.F.R. § 404.1529(a) (“We will consider all of your statements about your symptoms, such as pain . . . .”); SSR 16-3p, 2017 WL 5180304, at *2 (stating the ALJ must consider all of the evidence in the case record and then evaluate a claimant’s symptoms and their consistency with the record). Although Plaintiff wants the Court to consider his subjective pain complaints without reservation, the regulations require the Court to consider other supportability factors. See 20 C.F.R. § 404.1529(a) (“statements about your pain or other symptoms will not alone establish that you are disabled”). Here, the factors did not support a greater limitation. ... Both sides agree that the ALJ discussed Plaintiff’s activities of daily living, including his ability for self-care, manage finances, care for his ill mother, assist with his parents’ move, shop, attend AA meetings and church, prepare meals, and preform chores in his group living. (Tr. 19-20); see 20 C.F.R. § 404.1529(c)(3)(i) (ALJ must consider a claimant’s activities). Finally, the ALJ considered the mental and physical prior administrative findings and opinions, which were discussed above. See Tr. 20-21; 20 C.F.R. § 404.1529(c)(4) (ALJ must consider whether there are conflicts between a claimant’s statements and statements by treating or non-treating sources). Thus, the Court concludes that the ALJ adequately considered the Polaski factors when considering Plaintiff’s pain complaints.

Section 404.1529(c)(1) requires an ALJ to use a two-step process to evaluate the intensity and persistence of a claimant’s symptoms and determine how much they limit the claimant’s ability to work.

Newsome v. Kijakazi · filed 2025-03-12(c)(1)

An ALJ must follow a two-step process when evaluating the intensity and persistence of a Plaintiff’s asserted symptoms to determine the extent to which those symptoms limit the Plaintiff’s ability to work. 20 C.F.R. § 404.1529(c)(1). First, the ALJ determines whether a Plaintiff’s symptoms could be reasonably expected to arise from her alleged impairments. Troy v. Colvin, 266 F. Supp. 3d 288, 295 (D.D.C. 2017). Second, the ALJ “evaluate[s] the intensity, persistence, and limiting effects of the individual’s symptoms to determine the extent to which the symptoms ... limit the individual’s ability to do basic work activities.” SSR 96–7p, 1996 WL 374186, at *2 (July 2, 1996). ... In short, the Court concludes, in assessing Plaintiff’s subjective complaints, the ALJ properly identified this conflicting evidence and weighed its credibility accordingly with the record as a whole. See Colter, 2022 WL 715218, at *14.

Section 404.1529(c)(3) requires an ALJ to consider all of a claimant’s statements about symptoms, including pain, and assess how consistently those symptoms are supported by the objective medical evidence and the rest of the record.

Samuel M. v. Dudek · filed 2025-03-14(c)(3)

The ALJ must consider all of a claimant’s statements about his symptoms, including pain, and determine the extent to which the symptoms can reasonably be accepted as consistent with the objective medical evidence. Social Security Ruling (“SSR”) 16-3p, 2017 WL 4790249, at *49462; 20 C.F.R. § 404.1529(c)(3). ... In addition to objective evidence, the ALJ appropriately relied on Plaintiff’s work history, reported daily activities, and the medical consultants’ assessments when reaching her RFC determination. (Tr. 23-24).

Section 404.1529(c)(1)-(3) requires an ALJ to consider objective medical evidence, the claimant’s reported daily activities, and other regulatory factors when evaluating the intensity, persistence, and functional limitations of the claimant’s symptoms.

Cogar v. Commissioner of Social Security · filed 2025-03-14(c)(1)-(3)

Next, the ALJ must consider the objective medical evidence and the claimant’s reported daily activities, as well as several other factors, to evaluate the intensity, persistence, and functional limitations of the claimant’s symptoms. See Curler v. Comm’r of Soc. Sec., 561 F. App’x 464, 474 (6th Cir. 2014); 20 C.F.R. § 404.1529(c)(1)-(3); SSR 16-3p, 2017 WL 5180304, at *4, *7-8 (Oct. 25, 2017). ... The ALJ carefully considered Cogar’s subjective complaints and assessed those allegations in the context of the medical findings and opinions in the record. There is substantial evidence supporting the ALJ’s evaluation of the subjective allegations, and no indication that the ALJ failed to abide by the law.

Section 404.1529(c)(3) directs an ALJ evaluating a claimant’s testimony to consider the listed symptom-related factors together with all record evidence.

Wooten v. Commissioner of Social Security · filed 2025-03-14(c)(3)

When evaluating a claimant’s testimony, the ALJ should consider: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication to alleviate pain or other symptoms; (5) treatment other than medication for relief of pain or other symptoms; (6) any measures a claimant uses to relieve pain or other symptoms; and (7) other factors concerning a claimant’s functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); Ross v. Comm’r of Soc. Sec., 794 F. App’x 858, 867 (11th Cir. 2019). The ALJ should consider these factors along with all the evidence of record. ... Overall, the ALJ thoroughly considered Plaintiff’s subjective complaints of pain and panic attacks in assessing the RFC and substantial evidence supports the ALJ’s consideration of Plaintiff’s complaints of pain and panic attacks.

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider the claimant’s activities, symptom characteristics and triggers, medication, other treatment and relief measures, and resulting functional limitations.

Brannon v. Commissioner of Social Security · filed 2025-03-14(c)(3)

When evaluating a claimant’s testimony, the ALJ should consider: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication to alleviate pain or other symptoms; (5) treatment other than medication for relief of pain or other symptoms; (6) any measures a claimant uses to relieve pain or other symptoms; and (7) other factors concerning a claimant’s functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); Ross v. Comm’r of Soc. Sec., 794 F. App’x 858, 867 (11th Cir. 2019). ... In essence, while the ALJ claimed to consider Plaintiff’s migraine headaches and their triggers, she instead ignored Plaintiff’s testimony and, without any explanation, listed jobs that did or would trigger his migraines. The ALJ failed to provide sufficient reasoning for the Court to conduct a meaningful review and determine whether substantial evidence supports her decision as to Plaintiff’s subjective complaints. See Morrison v. Comm’r of Soc. Sec., 660 F. App’x 829, 834 (11th Cir. 2016) (“The ALJ must state the grounds for his decision with clarity to enable us to conduct meaningful review.”). The ALJ broadly rejected Plaintiff’s subjective complaints such that it is unclear whether she considered Plaintiff’s medical condition as a whole. See Dyer, 395 F.3d at 1211. Thus, this matter requires remand to reconsider Plaintiff’s subjective statements about his migraine headaches and on remand to reconsider Plaintiff’s subjective statements about his brain infarction.

Section 404.1529(c) requires an ALJ evaluating subjective symptoms to consider the relevant regulatory factors, but not to analyze every factor expressly if the decision shows that the relevant evidence was considered.

Imhof v. Commissioner of Social Security · filed 2025-03-18(c)

The decision as a whole, however, shows that the ALJ did properly evaluate Imhof’s subjective symptom complaints. See 20 C.F.R. § 404.1529(c); SSR 16-3p; see also Keeton v. Comm’r of Soc. Sec., 583 F. App’x 515, 527 (6th Cir. 2014) (“this Court reviews the record as a whole to determine whether the ALJ’s decision is supported by substantial evidence”).The ALJ described the relevant two-step analysis required by Ruling 16-3p. Tr. 17. So he was plainly aware of the relevant factors and, after describing the required analysis, the ALJ discussed nearly all of the factors, albeit without specifically stating each factor.

Section 404.1529(c)(3)-(4) requires an ALJ to consider seven specified factors concerning pain and other symptoms in relation to the other record evidence and any conflicts with the claimant's statements.

Wanska v. Commissioner of Social Security · filed 2025-03-18(c)(3)-(4)

The Regulations in effect at the time of the ALJ’s Decision provided that an ALJ “will” consider the following factors related to symptoms such as pain: (i) [The claimant’s] daily activities; (ii) The location, duration, frequency, and intensity of [the claimant’s] pain or other symptoms; (iii) Precipitating and aggravating factors; (iv) The type, dosage, effectiveness, and side effects of any medication [the claimant] take[s] or ha[s] taken to alleviate [his or her] pain or other symptoms; (v) Treatment, other than medication, [the claimant] receive[s] or ha[s] received for relief of [his or her] pain or other symptoms; (vi) Any measures [the claimant] use[s] or ha[s] used to relieve [his or her] pain or other symptoms . . .; and (vii) Other factors concerning [the claimant’s] functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529(c)(3)(i)-(vii); see Raper v. Comm’r of Soc. Sec., 89 F.4th 1261, 1277 (11th Cir. 2024). The factors must be considered “in relation to other evidence in the record and whether the claimant’s statements conflict with other evidence.” Raper, 89 F.4th at 1277 (citation omitted); see 20 C.F.R. § 404.1529(c)(4).

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

Wade v. O'Malley · filed 2025-03-19(c)

In evaluating a claimant’s subjective symptom allegations, an ALJ must consider several factors including: the objective medical evidence; the claimant’s daily activities; the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; precipitating and aggravating factors; type, dosage, effectiveness, and side effects of medication; treatment and other measures besides medication taken to relieve pain or other symptoms; and functional limitations due to pain or other symptoms. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304, at *5, 7-8 (Oct. 25, 2017).

Section 404.1529(c)(3) requires an ALJ to consider evidence beyond the objective medical record when evaluating symptom severity and prohibits discounting subjective complaints solely for lack of objective medical support.

Richardson v. O'Malley · filed 2025-03-19(c)(3)

Under the Social Security Act, the ALJ is required to consider evidence other than the medical record because subjective symptoms may suggest a higher severity of impairment than what is reflected by the objective medical record. See 20 C.F.R. § 404.1529(c)(3). While an ALJ may not discount a claimant’s subjective complaints based solely on a lack of objective medical evidence, the ALJ “may find the claimant’s allegations of severity to be not credible” based on specific findings and other evidence in the record.

Section 404.1529 requires an ALJ assessing residual functional capacity to consider a claimant’s subjective symptoms and, after finding an impairment that could reasonably produce them, evaluate their intensity, persistence, and limiting effects against the evidence.

Moreno v. Social Security Administration · filed 2025-03-20(a), (d)(4)

The ALJ is required to consider Claimant’s subjective complaints, or symptoms3 in determining the RFC. 20 C.F.R. § 404.1529(a) & (d)(4). The Commissioner uses a two-step process when evaluating a claimant’s symptoms.4 SSR 16-3p, 2017 WL 5180304, at *2 (Oct. 25, 2017); see also 20 C.F.R. § 404.1529. First, the medical signs or laboratory findings must show the existence of medical impairment(s) that result from anatomical, physiological, or psychological abnormalities and could reasonably be expected to produce the symptoms alleged. SSR 16-3p at *3. Second, once such impairments are established, the ALJ must then evaluate the intensity and persistence of the symptoms, so he can determine how the symptoms limit the claimant’s ability to work. Id. at *4. ... The Court finds ALJ linked his consistency findings to the evidence and provided clear and specific reasons for his determination in compliance with the directives of Kepler and its progeny, SSR 16-3p, and the regulations.

Section 404.1529 permits an ALJ to discount alleged symptom limitations that are inconsistent with the medical and other evidence in the record.

McCarter v. Social Security Administration, Commissioner of · filed 2025-03-21

As for her testimony, the ALJ considered it and found it was inconsistent with the medical evidence and other evidence in the record. ... The ALJ is only required to assess those limitations he finds credible.

Section 404.1529(c) permits an ALJ to consider a claimant’s alcohol consumption when evaluating the consistency of subjective symptoms, separately from deciding whether substance abuse is material to disability.

Wortham v. Commissioner of Social Security · filed 2025-03-21(c)

As noted by the Commissioner, Plaintiff’s alcohol consumption is properly considered by the ALJ for consistency purposes under 20 C.F.R. § 404.1529, not to determine whether substance abuse is itself a contributing factor material to disability, a separate process described in 20 C.F.R. § 404.1535.

Section 404.1529(c) requires an ALJ evaluating pain or other symptoms to consider the listed symptom factors in relation to the other record evidence and any conflicts with the claimant’s statements.

Cunningham v. Commissioner of Social Security · filed 2025-03-14(c)(3), (c)(4)

The Regulations provide that an ALJ “will” consider the following factors related to symptoms such as pain: (i) [The claimant’s] daily activities; (ii) The location, duration, frequency, and intensity of [the claimant’s] pain or other symptoms; (iii) Precipitating and aggravating factors; (iv) The type, dosage, effectiveness, and side effects of any medication [the claimant] take[s] or ha[s] taken to alleviate [his or her] pain or other symptoms; (v) Treatment, other than medication, [the claimant] receive[s] or ha[s] received for relief of [his or her] pain or other symptoms; (vi) Any measures [the claimant] use[s] or ha[s] used to relieve [his or her] pain or other symptoms . . .; and (vii) Other factors concerning [the claimant’s] functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. §§ 404.1529(c)(3)(i)-(vii), 416.929(c)(3)(i)-(vii); see Raper v. Comm’r of Soc. Sec., 89 F.4th 1261, 1277 (11th Cir. 2024). The factors must be considered “in relation to other evidence in the record and whether the claimant’s statements conflict with other evidence.” Raper, 89 F.4th at 1277 (citation omitted); see 20 C.F.R. § 404.1529(c)(4).

Section 404.1529(c)(3) requires an ALJ evaluating subjective complaints to consider all evidence relating to those complaints, including daily activities, symptom duration, frequency and intensity, precipitating and aggravating factors, medication, and functional restrictions.

Dunlap v. O'Malley · filed 2025-03-11(c)(3)

When determining the credibility of a claimant’s subjective complaints, the ALJ must consider all evidence relating to the complaints, including the claimant’s daily activities; the duration, frequency and intensity of the symptoms; any precipitating and aggravating factors; the dosage, effectiveness and side effects of medication; and any functional restrictions.

Section 404.1529(c) requires an ALJ evaluating subjective symptoms to consider relevant evidence, including the claimant’s work history, treatment, and activities of daily living, rather than cherry-picking the record.

Hyde, Robert v. O'Malley, Martin · filed 2025-03-24(c)

As an initial matter, the ALJ’s analysis ignored evidence that favored Hyde, including his lengthy work history, his extensive treatment, and his limited activities of daily living. ... These are all matters that are relevant to the credibility analysis. See 20 C.F.R. § 404.1529(c); SSR 96–7p. The ALJ may not cherry-pick the record. O’Connor-Spinner v. Colvin, 832 F.3d 690, 697–98 (7th Cir. 2016).

Section 404.1529(a) and (c)(3) require an ALJ evaluating subjective symptoms to consider the claimant’s statements, daily activities, objective medical evidence, symptom characteristics, medication, treatment, relief measures, and other functional limitations.

Jones v. Commissioner of Social Security · filed 2025-03-24(a), (c)(3)

An ALJ must consider a claimant’s statements about their symptoms, including pain, and how these symptoms affect the claimant’s activities of daily living and ability to work. Id. § 404.1529(a). ALJs must weigh the claimant’s subjective complaints, the relevant objective medical evidence, and any other evidence of the following: (1) The individual’s daily activities; (2) Location, duration, frequency, and intensity of pain or other symptoms; (3) Precipitating and aggravating factors; (4) Type, dosage, effectiveness, and side effects of any medication; (5) Treatment, other than medication, for relief of pain or other symptoms; (6) Other measures taken to relieve pain or other symptoms; (7) Other factors concerning functional limitations due to pain or other symptoms. See id. § 404.1529(c)(3); see also SSR 16-3p, 2017 WL 5180304, at *7–8. ... For this reason, I reluctantly conclude the ALJ’s consideration of Jones’s subjective symptoms regarding the lymphocytic colitis was “patently wrong” because she drew improper inferences about Jones’s infrequent treatment without fully exploring his explanation for not getting more medical care. See Hess, 92 F.4th at 679; Beardsley, 758 F.3d at 840.

Section 404.1529(a) requires an ALJ assessing residual functional capacity to address all alleged symptoms, including pain, against the objective medical and other evidence; a claimant’s statements about pain alone do not establish disability.

Bek v. Commissioner, Social Security Administration · filed 2025-03-25(a)

In his RFC determination, the ALJ must address the claimant’s alleged symptoms. See 20 C.F.R. §§ 404.1529(a), 416.929(a). The Regulations state that, “[i]n determining whether [a claimant is] disabled, [the ALJ] consider[s] all [the claimant’s] symptoms, including pain, and the extent to which [her] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence.” Id. §§ 404.1529(a), 416.929(a). However, a claimant’s statements about her pain will not alone establish disability. Id. §§ 404.1529(a), 416.929(a). The Regulations also require an ALJ to consider “objective medical evidence . . . that shows [the claimant] ha[s] a medical impairment(s) which could reasonably be expected to produce the pain or other symptoms.” Id. §§ 404.1529(a), 416.929(a).

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider seven specified factors, including daily activities, symptom characteristics, medication, treatment, relief measures, and resulting limitations.

Hayes v. Commissioner of Social Security · filed 2025-03-25(c)(3)

The Regulations in effect at the time of the ALJ’s Decision provided that an ALJ “will” consider the following factors related to symptoms such as pain: (i) [The claimant’s] daily activities; (ii) The location, duration, frequency, and intensity of [the claimant’s] pain or other symptoms; (iii) Precipitating and aggravating factors; (iv) The type, dosage, effectiveness, and side effects of any medication [the claimant] take[s] or ha[s] taken to alleviate [his or her] pain or other symptoms; (v) Treatment, other than medication, [the claimant] receive[s] or ha[s] received for relief of [his or her] pain or other symptoms; (vi) Any measures [the claimant] use[s] or ha[s] used to relieve [his or her] pain or other symptoms . . .; and (vii) Other factors concerning [the claimant’s] functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529(c)(3)(i)-(vii); see Raper v. Comm’r of Soc. Sec., 89 F.4th 1261, 1277 (11th Cir. 2024). ... In sum, the ALJ considered the relevant factors in assessing Plaintiff’s subjective complaints, and the ALJ’s findings are supported by substantial evidence.

Section 404.1529 requires an ALJ to consider a claimant’s subjective symptoms in determining residual functional capacity and to support the symptom-consistency assessment with clear, specific reasons linked to the evidence.

Faulkenberry v. Social Security Administration · filed 2025-03-26(a), (d)(4)

The ALJ is required to consider Claimant’s subjective complaints, or symptoms3 in determining the RFC. 20 C.F.R. § 404.1529(a) & (d)(4). ... The Court finds ALJ linked his consistency findings to the evidence and provided clear and specific reasons for his determination in compliance with the directives of Kepler and its progeny, SSR 16-3p, and the regulations.

Section 404.1529(c)(3)-(4) requires an ALJ to consider the specified symptom factors in relation to the other record evidence and any conflicts with the claimant’s statements.

Cutchineal v. Commissioner of Social Security · filed 2025-03-26(c)(3)-(4)

The factors must be considered “in relation to other evidence in the record and whether the claimant’s statements conflict with other evidence.” Raper, 89 F.4th at 1277 (citation omitted); see 20 C.F.R. § 404.1529(c)(4). To reject the claimant’s assertions of subjective symptoms, “explicit and adequate reasons” must be articulated by the ALJ. Wilson, 284 F.3d at 1225; see also Dyer, 395 F.3d at 1210; Marbury v. Sullivan, 957 F.2d 837, 839 (11th Cir. 1992). ... The ALJ’s Decision reflects consideration of the relevant factors, Tr. at 16-20, and is supported by substantial evidence.

Section 404.1529 requires an RFC assessment to address the claimant’s reported symptoms together with the other evidence, including the combined effects of those symptoms.

Warson v. Commissioner, Social Security Administration · filed 2025-03-27

However, because the Court finds that the ALJ did not sufficiently address Plaintiff’s headaches and migraines, the analysis of Plaintiff’s combined symptoms is necessarily also deficient. ... The RFC assessment must address the claimant’s reported symptoms, in conjunction with other evidence. See 20 C.F.R. § 404.1529. ... Because the Court is remanding the case for a more substantial analysis of the impact of Plaintiff’s headaches and migraines on her RFC, it follows that the ALJ should conduct a new analysis on the combined impacts of Plaintiff’s symptoms, including her migraines and headaches.

Section 404.1529 requires a two-step evaluation of subjective symptoms: first determining whether a medically determinable impairment could reasonably produce them, then assessing their intensity, persistence, and effects on the claimant’s ability to work using all available evidence.

Kampf v. Dudek · filed 2025-03-27(b)-(c)

The regulations provide a two-step process for evaluating Plaintiff’s subjective complaints. 20 C.F.R. § 404.1529; see also SSR 16-3p, 2016 WL 1119029 (Mar. 16, 2016). First, the ALJ must determine “whether objective medical evidence presents a ‘medically determinable impairment’ that could reasonably be expected to produce the claimant’s alleged symptoms.” Arakas v. Comm’r of Soc. Sec. Admin., 983 F.3d 83, 95 (4th Cir. 2020) (citing 20 C.F.R. § 404.1529(b); SSR 16-3p). Second, “after finding a medically determinable impairment, the ALJ must assess the intensity and persistence of the alleged symptoms to determine how they affect the claimant’s ability to work and whether the claimant is disabled.” Id. The ALJ must consider all available evidence in this determination, including objective medical evidence, an individual’s statements about the intensity, persistence, and limiting effects of the symptoms, and medical opinions and statements from others. Id. The claimant does not need to produce objective evidence to satisfy this second prong. Id.

Section 404.1529(c)(3) directs an ALJ assessing subjective symptoms to consider the claimant’s daily activities, symptom characteristics and triggers, medication and treatment, relief measures, and resulting functional limitations.

GAHWILER v. DUDEK · filed 2025-03-27(c)(3)

When assessing a claimant's symptom testimony, the ALJ considers the factors set forth in 20 C.F.R. § 404.1529(c)(3), i.e., (1) a claimant's daily activities, (2) the location, duration, frequency of the pain or other symptoms, (3) precipitating and aggravating factors, (4) the type, dosage, effectiveness, and side effects of any medication, (5) treatment received for relief of pain or other symptoms, (6) measures the claimant uses to relieve pain or other symptoms, and (7) other factors concerning a claimant's functional limitations and restrictions due to pain or other symptoms.

Section 404.1529 requires an ALJ who discounts a claimant’s subjective allegations to give specific reasons supported by the record.

Purvis v. SSA · filed 2025-03-31

An ALJ complies with the legal standards, and the court will affirm an ALJ’s finding regarding Plaintiff’s subjective allegations, so long as the ALJ gives specific reasons that are supported by the record. 20 C.F.R. § 404.1529; SSR 16-3p. ... All of these explanations from the ALJ more than sufficiently counter Purvis’s argument that the ALJ did not provide adequate explanation or good reasons within the requirements of the regulations for discounting Purvis’s subjective allegations.

Section 404.1529 requires an ALJ to consider a claimant’s subjective symptoms when determining residual functional capacity, first asking whether a medically determinable impairment could produce the alleged symptoms and then evaluating their intensity, persistence, and work-related limitations.

Dorn v. Social Security Administration · filed 2025-03-31(a), (d)(4)

The ALJ is required to consider Claimant’s subjective complaints, or symptoms3 in determining the RFC. 20 C.F.R. § 404.1529(a) & (d)(4). The Commissioner uses a two-step process when evaluating a claimant’s symptoms.4 SSR 16-3p, 2017 WL 5180304, at *2 (Oct. 25, 2017); see also 20 C.F.R. § 404.1529. First, the medical signs or laboratory findings must show the existence of medical impairment(s) that result from anatomical, physiological, or psychological abnormalities and could reasonably be expected to produce the symptoms alleged. SSR 16-3p at *3. Second, once such impairments are established, the ALJ must then evaluate the intensity and persistence of the symptoms, so he can determine how the symptoms limit the claimant’s ability to work. Id. at *4. ... The Court finds ALJ linked his consistency findings to the evidence and provided clear and specific reasons for his determination in compliance with the directives of Kepler and its progeny, SSR 16-3p, and the regulations.

Section 404.1529(c)(3) requires an ALJ assessing subjective symptoms to consider the claimant’s statements together with the other relevant evidence and the regulation’s listed factors, but the decision need not discuss and cite every factor.

Smith v. Commissioner of Social Security · filed 2025-03-31(c)(3)

When a favorable disability determination cannot be made solely based upon the objective medical evidence, an ALJ must analyze the symptoms of the claimant, considering the claimant’s statements about pain or other symptoms with the rest of the relevant evidence in the record and factors outlined in 20 C.F.R. §§ 404.1529(c)(3), 404.929(c)((3) and Social Security Ruling 16-3p, 2017 WL 5180304 (“SSR 16-3p”). ... The decision need not contain discussion and citations as to every possible factor to be sufficiently specific.

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider objective medical evidence and other relevant evidence, and permits the ALJ to discount subjective statements that are inconsistent with the record.

CABRERA v. COMMISSIONER OF SOCIAL SECURITY · filed 2025-03-31(c)(3)

In conducting this evaluation, an ALJ must consider the objective medical evidence as well as other evidence relevant to a claimant’s subjective symptoms. ... In the view of this Court, this record provides substantial support for the ALJ’s decision to discount Plaintiff’s subjective statements as inconsistent with the record evidence. See 20 C.F.R. § 404.1529(c)(3); Van Horn, 717 F.2d at 873; Miller, 719 F. App’x at 134; Izzo, 186 F. App’x at 286.

Section 404.1529 requires a two-step evaluation of subjective symptoms: the ALJ first determines whether a medically determinable impairment could reasonably cause the alleged symptoms, then evaluates their intensity, persistence, and limiting effects using the entire record rather than rejecting them solely because objective medical evidence does not substantiate them.

Truman v. Dudek · filed 2025-03-31(a)-(c)

To evaluate a claimant’s subjective complaints in the context of an RFC determination, the ALJ must conduct a two-step analysis. Arakas v. Comm’r, Soc. Sec. Admin., 983 F.3d 83, 95 (4th Cir. 2020); § 404.1529(a). At step one, the ALJ must determine “whether objective medical evidence presents a ‘medically determinable impairment’ that could reasonably be expected to produce the claimant’s alleged symptoms.” Jd. (citing § 404.1529(b); SSR 16-3p, 2016 WL 1119029, at *3). At step two, the ALJ must evaluate the intensity and persistence of the alleged symptoms to determine how they affect the claimant’s ability to work and perform basic work activities. Jd. (citing § 404.1529(c); SSR 16-3p, 2016 WL 1119029, at *4). To evaluate the individual’s symptoms, the ALJ looks to whether Plaintiff's subjective complaints could “reasonably be accepted as consistent with the objective medical evidence and other evidence.” Craig, 76 F.3d at 595. However, the ALJ cannot “disregard an individual’s statements about the intensity, persistence, and limiting effects of symptoms solely because the objective medical evidence does not substantiate” them. Arakas, 983 F.3d at 95 (citing SSR 16-3p, 2016 WL 1119029 at *5) (internal quotation omitted); Walker v. Bowen, 889 F.2d 47, 49 (4th Cir. 1989) (“there need not be objective evidence of the pain itself or the intensity”). Because symptoms cannot always be measured objectively through clinical or laboratory diagnostic techniques, at step two, the ALJ must consider the entire case record to assess the limiting effects of the individual’s symptoms. Arakas, 983 F.3d at 95.

20 C.F.R. § 404.1529 requires an ALJ who finds that a medically determinable impairment could reasonably cause a claimant’s alleged symptoms to assess their intensity, persistence, and effect on the ability to work, considering all record evidence without rejecting the claimant’s statements solely for lack of objective corroboration.

Motteler v. O' Malley · filed 2025-03-31

The Court finds that the ALJ failed to properly analyze Plaintiff’s subjective complaints regarding his autism and Asperger’s syndrome. When evaluating a claimant’s subjective complaints, ALJs use the two-step analytical framework set forth at 20 C.F.R. § 404.1529 and described in SSR 16-3p. See Oakes v. Kijakazi, 70 F.4th 207, 215 (4th Cir. 2023) (citing Arakas v. Comm’r, Soc. Sec. Admin., 983 F.3d 83, 95 (4th Cir. 2020)). At the first step of the process, the ALJ determines whether a “medically determinable impairment” exists that could “reasonably be expected to produce the claimant’s alleged symptoms.”3 Oakes, 70 F.4th at 215 (quoting Arakas, 983 F.3d at 95). If such an impairment exists, the ALJ must “proceed to step two . . . even though the level of pain an individual alleges may seem out of proportion with the objective medical evidence.”4 SSR 16-3p, 2017 WL 5180304, at *3 (Oct. 25, 2017). At the second step, the ALJ assesses “the intensity and persistence of the alleged symptoms to determine how they affect the claimant’s ability to work and whether the claimant is disabled.” Ibid. Because “disability benefits can be awarded on the sole basis of an objective impairment and derivative subjective pain,” a claimant may “rely exclusively on subjective evidence” at the second step. Oakes, 70 F.4th at 215 (quoting Arakas, 983 F.3d at 96). Thus, “an ALJ applies the incorrect legal standard in discrediting complaints ‘based on [a] lack of objective evidence corroborating them.’” Ibid. (brackets in original); accord SSR 16-3p, 2017 WL 5180304, at *5 (“[W]e will not disregard an individual’s statements about [their] symptoms solely because the objective medical evidence does not substantiate the degree of impairment-related symptoms alleged by the individual.”). ... At no point in the decision does the ALJ discuss any of this evidence. In fact, even more shocking is that, other than concluding that autism and Asperger’s syndrome are severe impairments, the ALJ makes no reference to either autism or Asperger’s syndrome in their opinion. This represents impermissible cherry-picking and warrants remand.

Section 404.1529 requires an ALJ to evaluate all symptoms, including pain, for consistency with the objective and other evidence and then determine how their intensity, persistence, and limiting effects affect the claimant’s ability to work.

Minnis v. Commissioner of Social Security · filed 2025-04-01(a), (c)

In determining whether a claimant is disabled, the ALJ considers all 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), 416.929(a). ... The ALJ then determines the extent to which the intensity, persistence, and limiting effects of the symptoms affect the claimant’s capacity to perform work activities. 20 C.F.R. §§ 404.1529(c), 416.929(c). ... Here, substantial evidence supports the ALJ’s conclusions as to Minnis’s subjective testimony. The ALJ found that Minnis’s medically determinable impairments could reasonably be expected to cause her alleged symptoms. However, she concluded that Minnis’s statements about the intensity, persistence, and limiting effects of these symptoms were not entirely consistent with the evidence in the record.

Section 404.1529(c) requires evaluation of the intensity, persistence, and work-related effects of symptoms using all objective and subjective evidence, including treatment, daily activities, relief measures, and inconsistencies in the record.

Treece v. Social Security Administration, Commissioner · filed 2025-04-01(c)

Further, if the claimant establishes he has an impairment that could reasonably be expected to produce his alleged symptoms, then the intensity and persistence of his alleged symptoms and their effect on his ability to work must be evaluated. 20 C.F.R. §§ 404.1529(c)(1), 416.929(c)(1). When evaluating a claimant’s statements regarding the intensity, persistence or limiting effects his symptoms, ALJs consider all the evidence, objective and subjective. 20 C.F.R. §§404.1529, 416.929. ALJs may consider the nature of the claimant’s symptoms, the effectiveness of medication, a claimant’s treatment, a claimant’s daily activities, measures a claimant takes to relieve symptoms, and any conflicts between the claimant’s statements and other evidence. 20 C.F.R. §§ 404.1529(c) (3)-(4), 416.929(c)(3)-(4). ... Given these findings, as well as the others contained in the ALJ’s lengthy opinion, the Court finds that there is substantial evidence for the ALJ’s determinations regarding Treece’s subjective complaints and his RFC.

Section 404.1529(c)(1)-(3) requires the ALJ to consider objective medical evidence, daily activities, and other relevant factors when evaluating the intensity, persistence, and functional limitations of a claimant’s symptoms.

Watkins v. Commissioner of Social Security · filed 2025-04-14(c)(1)-(3)

Next, the ALJ must consider the objective medical evidence and the claimant's reported daily activities, as well as several other factors, to evaluate the intensity, persistence, and functional limitations of the claimants symptoms. See Curler v. Comm’r of Soc. Sec., 561 F. App’x 464, 474 (6th Cir. 2014); 20 C.F.R. § 404.1529(c)(1)-(3); SSR 16-3p, 2017 WL 5180304, at *4, *7-8 (Oct. 25, 2017).

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

Barr v. O'Malley · filed 2025-04-15(c)

When assessing a claimant’s subjective symptom allegations, an ALJ considers several factors, including the objective medical evidence, the claimant’s daily activities, his level of pain or symptoms, aggravating factors, medication, course of treatment, and functional limitations. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304, at *5-8. ... Overall, the ALJ discussed and analyzed Claimant’s alleged symptoms at length throughout her opinion in conjunction with her evaluation of the medical evidence. (R.1138-40). The Court finds the ALJ reasonably determined that Claimant’s alleged symptoms were not fully corroborated by the record and that is a reasonable conclusion for the ALJ to draw on this record.

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

Davis v. Commissioner of Social Security · filed 2025-04-16(c)(3)

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

Section 404.1529(c)(3) requires an ALJ evaluating the intensity and persistence of a claimant’s subjective symptoms to consider seven specified factors in addition to the objective medical evidence.

Wike v. Commissioner of Social Security · filed 2025-04-17(c)(3)

In doing so, the ALJ must consider certain factors in addition to the objective medical evidence “in evaluating the intensity and persistence of a claimant’s” subjective symptoms. Lao v. Colvin, No. 14-cv-7507 (ADS), 2016 WL 2992125, at *15 (E.D.N.Y. May 23, 2016). “In this analysis, the ALJ must consider: (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.” Maldonado v. Comm’r of Soc. Sec., No. 12-cv-5297 (JO), 2014 WL 537564, at *17 (E.D.N.Y. Feb. 10, 2014) (quoting Meadors v. Astrue, 370 F. App’x 179, 184 n.1 (2d Cir. 2010) (citing 20 C.F.R. § 404.1529(c)(3)(i)-(vii))).

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

Kasumu v. O'Malley · filed 2025-04-23(c)

When evaluating a claimant’s subjective symptom allegations, an ALJ considers several factors, including the objective medical evidence, the claimant’s daily activities, her level of pain or symptoms, aggravating factors, medication, course of treatment, and functional limitations. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304, at *5-8. ... The ALJ specifically discussed Claimant’s medical record, her course of treatment, daily activities, and the pain she experienced, and he provided an explanation, and in the Court’s view a reasonable one, with citations to the record for his conclusions that Claimant is capable of a restricted range of light work, including her past work as a hair braider, despite her pain and other subjective complaints. See Ray v. Saul, 861 F. App’x 102, 107 (7th Cir. 2021) (“Because the ALJ’s weighing of [claimant’s] reported symptoms in the context of the whole record is supported by substantial evidence, we find no reversible error on this front either.”).

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

Alvarez v. O'Malley · filed 2025-04-28(c)

When assessing a claimant’s subjective symptom allegations, an ALJ considers several factors, including the objective medical evidence, the claimant’s daily activities, his level of pain or symptoms, aggravating factors, medication, course of treatment, and functional limitations. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304, at *5-8. ... Based on this record, the Court cannot reasonably say the ALJ’s consideration of Claimant’s symptoms lacks any explanation or support.

Section 404.1529 requires a two-step evaluation of a claimant’s subjective complaints: first determine whether a medically determinable impairment could reasonably produce the alleged symptoms, then assess their intensity, persistence, and effect on the claimant’s ability to work.

Ward v. Dudek · filed 2025-04-29

When evaluating a claimant’s subjective complaints, “ALJs must use the two-step framework set forth in 20 C.F.R. § 404.1529 and [Social Security Ruling] 16–3p.” Arakas, 983 F.3d at 95 (citation omitted). First, “the ALJ must determine whether objective medical evidence presents a ‘medically determinable impairment’ that could reasonably be expected to produce the claimant’s alleged symptoms.” Id. (cleaned up). Next, if the ALJ finds a medically determinable impairment, the ALJ “must assess the intensity and persistence of the alleged symptoms to determine how they affect the claimant’s ability to work and whether the claimant is disabled.” Id. (cleaned up).

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider objective medical evidence and other relevant evidence, including the regulation’s listed factors.

BAKER v. COMMISSIONER OF SOCIAL SECURITY · filed 2025-04-29(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 requires a two-step evaluation of alleged symptoms: objective evidence must show an impairment that could reasonably produce the symptoms, after which the ALJ evaluates their intensity, persistence, and work-related limitations.

Hamer v. Social Security Administration, Commissioner · filed 2025-05-02(a)–(c)

To determine whether a claimant is disabled as defined by the Social Security Administration, an ALJ evaluates all symptoms, including subjective complaints, such as pain and how the symptoms affect a claimant’s daily life and ability to do work. 20 CFR § 404.1529(a). But a claimant’s subjective complaints alone are insufficient to establish a disability. Id. Rather the ALJ will apply a two-step analysis. Id. at § 404.1529(a)–(b). First, the ALJ looks for either objective medical signs or laboratory findings that there is a medical impairment that could reasonably be expected to produce the symptoms alleged. Id. If this first step is satisfied, the ALJ evaluates the intensity and persistence of the symptoms to determine how the symptoms limit the claimant’s capacity for work. Id. at § 404.1529(c). Specifically, the ALJ considers whether an individual’s statements about the intensity, persistence, and limiting effects of her symptoms are consistent with the medical signs and laboratory findings in the record. Id.; see also SSR 16-3p. If the two are inconsistent, the ALJ may properly determine that the individual’s symptoms are less likely to reduce her capacity to perform work-related activities, so that she is not disabled as defined by the Social Security Administration. SSR 16-3p.

Section 404.1529(c)(3) requires an ALJ to consider all evidence concerning a claimant’s subjective symptoms, including pain, and determine the extent to which the symptoms are consistent with the objective medical evidence.

Betancourt-Guadalupe v. Commissioner of Social Security · filed 2025-05-06(c)(3)

The ALJ must consider all of the evidence of a claimant’s subjective statements about her symptoms, including pain, and determine “the extent to which the symptoms can reasonably be accepted as consistent with the objective medical evidence.” See SSR 16-3p, 2016 SSR LEXIS 4, 2017 WL 4790249, at *49462; 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c) requires an ALJ evaluating a claimant’s alleged symptoms to consider objective medical evidence, daily activities, symptom characteristics and triggers, medication, other treatment, and resulting functional limitations.

Tripenfeldas v. Dudek · filed 2025-05-16(c)

In evaluating a claimant’s subjective symptom allegations, an ALJ must consider several factors including: the objective medical evidence; the claimant’s daily activities; the location, duration, frequency, and intensity of the claimant’s pain or other symptoms; precipitating and aggravating factors; type, dosage, effectiveness, and side effects of medication; treatment and other measures besides medication taken to relieve pain or other symptoms; and functional limitations due to pain or other symptoms. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304, at *5, 7-8 (Oct. 25, 2017).

Section 404.1529(c) requires an ALJ evaluating subjective symptoms to consider factors including daily activities, symptom severity, aggravating factors, medication, treatment, and limitations, and bars rejecting symptom testimony solely because objective medical evidence does not support it.

Williams v. Bisignano · filed 2025-05-19(c)

When evaluating a claimant’s subjective symptoms, “an ALJ must consider several factors, including the claimant’s daily activities, her level of pain or symptoms, aggravating factors, medication, treatment, and limitations, and justify the finding with specific reasons.” Villano, 556 F.3d at 562 (citations omitted); see also 20 C.F.R. § 404.1529(c); SSR 16-3p. An ALJ also may not discredit a claimant’s testimony about her symptoms “solely because there is no objective medical evidence supporting it.” Villano, 556 F.3d at 562 (citing 20 C.F.R. § 404.1529(c)(2)); see Johnson v. Barnhart, 449 F.3d 804, 806 (7th Cir. 2006) (“The administrative law judge cannot disbelieve [the claimant’s] testimony solely because it seems in excess of the ‘objective’ medical testimony.”).

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider evidence beyond objective medical findings, including daily activities, symptom characteristics, aggravating factors, medications, and other treatment.

Ruffins v. Bisignano · filed 2025-05-20(c)(3)

Additionally, “[b]ecause 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), “Social Security Ruling 16-3p explains [other] factors to consider in evaluating the intensity, persistence, and limiting effects of an individual’s symptoms.” ... These factors include daily activities; the location, duration, frequency, and intensity of symptoms; factors that precipitate and aggravate the symptoms; the type, dosage, effectiveness, and side effects of any medication an individual takes or has taken to alleviate symptoms; and treatment, other than medication, that an individual receives or has received. ... The regulations mandate that an ALJ’s “decision must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly articulated so the individual and any subsequent reviewer can assess how the adjudicator evaluated the individual’s symptoms.” ... The Court finds that the ALJ did not do so here.

Section 404.1529 requires a two-step evaluation of subjective symptoms: the ALJ first asks whether a medically determinable impairment could cause them and then assesses their intensity, persistence, and limiting effects using the entire record.

Stone v. O'Malley · filed 2025-05-27(b), (c)

The Social Security Rulings and Regulations provide a framework for evaluating the severity of a claimant’s reported symptoms. 20 C.F.R. §§ 404.1529, 416.929; SSR 16–3p. Thus, the ALJ must follow a two-step process: first, the ALJ must determine whether a medically determinable impairment could cause the symptoms alleged; and second, the ALJ must evaluate the alleged symptoms considering the entire administrative record. SSR 16-3p. ... During the second step of this assessment, the ALJ must determine whether the claimant’s statements regarding the intensity, persistence, or limiting effects of his or her symptoms are substantiated considering the entire case record. 20 C.F.R. § 404.1529(c), 416.929(c); SSR 16–3p. ... Accordingly, given that we are not permitted to substitute our judgment for the ALJ’s credibility findings, we conclude that substantial evidence supported the ALJ’s determination that Stone was not as limited as he alleged.

Section 404.1529(c) requires the ALJ to assess a claimant’s statements about the intensity, persistence, and limiting effects of symptoms against the entire case record.

Geibe v. O'Malley · filed 2025-06-03(c)

During the second step of this assessment, the ALJ must determine whether the claimant’s statements regarding the intensity, persistence, or limiting effects of his or her symptoms are substantiated when considered in light of the entire case record. 20 C.F.R. § 404.1529(c), 416.929(c); SSR 16–3p. ... It is clear to us from a holistic reading of the decision that the ALJ considered Geibe’s work history and simply found that it did not outweigh the objective medical evidence. (Tr. 20-21).

Section 404.1529(c) permits an ALJ to evaluate a claimant’s subjective symptoms by considering daily activities, medical opinions, treatment history, treatment records, reported improvement, gait, and strength.

Flowers v. Bisignano · filed 2025-06-12(c)

The ALJ’s consideration of these factors in evaluating Plaintiff’s symptoms was entirely proper under the regulations, 20 C.F.R. § 404.1529(c), and not patently wrong.

Section 404.1529 requires an ALJ first to determine from medical signs or laboratory findings whether a medically determinable impairment could reasonably produce the claimant’s symptoms and then to evaluate the symptoms’ intensity, persistence, and effect on the claimant’s capacity for work.

Alvarez v. Commissioner of Social Security · filed 2025-06-13(b), (c)(1)

The ALJ evaluates a claimant’s subjective complaints using a two-part process. Salazar v. Chater, 74 F.3d 1236 (5th Cir. 1995) (citing 20 C.F.R. § 404.1529). First, “medical signs or laboratory findings” must show the claimant has a “medically determinable impairment that could reasonably be expected to produce [her] symptoms, such as pain.” 20 C.F.R. § 404.1529(b). Second, the ALJ must “evaluate the intensity and persistence of [her] symptoms so that [he] can determine how [her] symptoms limit [her] capacity for work.” Id. § 404.1529(c)(1). Here, the ALJ found the first part satisfied, but during the second part, noted an inconsistency between Alvarez’s subjective complaints and the record as a whole.

Section 404.1529 requires an ALJ to determine whether a medically determinable impairment could reasonably produce the alleged symptoms and then evaluate their intensity, persistence, and work-limiting effects using all available evidence and pertinent regulatory factors.

Bolender v. Commissioner of Social Security · filed 2025-06-24(c)(1), (c)(3)

When a claimant alleges symptoms of disabling severity, an ALJ must follow a two-step process for evaluating those symptoms. See 20 C.F.R. §§ 404.1529, 416.929(c)(1); SSR 16–3p, 2017 WL 5180304, at*10 (Oct. 25, 2017). First, the ALJ must determine if there is an underlying medically determinable physical or mental impairment that could reasonably be expected to produce a claimant’s symptoms. Second, the ALJ “must . . . evaluate the intensity and persistence of [the claimant’s] symptoms so that [the ALJ] can determine how [those] symptoms limit [the claimant’s] capacity for work.” 20 C.F.R. §§ 404.1529(c)(1), 416.929(c)(1). ... In short, the ALJ properly considered Plaintiff’s stable examination findings, positive response to conservative treatment, and daily activities when assessing her subjective symptoms, including her allegations that her symptoms prevented her from standing. Accordingly, the ALJ did not reversibly err by failing to include specific standing limitations in Plaintiff’s RFC.

Section 404.1529(c)(3) directs ALJs evaluating symptoms to consider objective medical evidence, subjective complaints, work history, medical and non-medical sources, daily activities, medication, treatment, and related functional limitations.

Munion v. Commissioner of Social Security · filed 2025-07-07(c)(3)

In undertaking this analysis, an ALJ should consider objective medical evidence, a claimant’s subjective complaints, information about a claimant’s prior work record, and information from medical and non-medical sources. SSR 16-3p, 82 Fed. Reg. 49462, 49464-49466; 20 C.F.R. § 404.1529(c)(3). Factors relevant to a claimant’s symptoms include daily activities, types and effectiveness of medications, treatment received to address symptoms, and other factors concerning a claimant’s functional limitations and restrictions due to pain or other symptoms. SSR 16-3p, 82 Fed. Reg. at 49465-49466; 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 requires a two-step evaluation of subjective symptoms: the ALJ first determines whether an underlying condition could reasonably produce the symptoms, then assesses their limiting effects using all available evidence and specified symptom-related factors.

Ross v. O'Malley, Commissioner of Social Security · filed 2025-07-08(a), (c)(3)

The regulations set forth a two-step process for evaluating a plaintiff’s subjective symptoms. First, the ALJ evaluates whether objective medical evidence of an underlying condition exists and whether that condition could reasonably be expected to produce the alleged symptoms. 20 C.F.R. § 404.1529(a); Social Security Ruling (SSR) 16-3p. If so, the ALJ assesses any work-related limitations by determining the limiting effects of these symptoms. 20 C.F.R. § 404.1529(a); SSR 16-3p. In sum, ALJs assess whether the symptoms claimed are “consistent with the objective medical and other evidence in the individual’s record.” SSR 16-3p. To evaluate the limiting effects of subjective symptoms, ALJs consider all available evidence, including the plaintiff’s history, laboratory findings, statements by the plaintiff, and medical opinions. 20 C.F.R. § 404.1529(a). Although a plaintiff’s description of her symptoms will “not alone establish that [she] is disabled,” id., the ALJ may not disregard the plaintiff’s subjective complaints because they lack substantiating objective evidence, SSR 16-3p. Without objective evidence, ALJs are to consider a plaintiff’s daily activities; the location, duration, frequency, and intensity of pain; precipitating and aggravating factors; the type, dosage, and side effects of medication to alleviate symptoms; and any other treatment or measures used to relieve pain. 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c) requires an ALJ evaluating subjective symptoms to consider factors including daily activities, pain, aggravating factors, treatment, medications, and functional limitations rather than relying on objective medical evidence alone.

Anderson v. Commissioner of Social Security · filed 2025-07-11(c)

Other factors that the ALJ should examine include “daily activities, allegations of pain, aggravating factors, types of treatment received and medication taken, and ‘functional limitations.’” Simila v. Astrue, 573 F.3d 503, 517 (7th Cir. 2009) (quoting 20 C.F.R. § 404.1529(c)(2)-(4)). ... Here, the ALJ’s subjective symptom analysis provides no connection between Plaintiff’s symptom testimony and the objective medical evidence to support his conclusion discounting Plaintiff’s statements about the intensity, persistence, and limiting effects of his symptoms. The ALJ recited medical evidence that may fit into the Section 1529 categories listed above but failed to discuss all the factors clearly.

Section 404.1529(c)(3) requires an ALJ evaluating pain allegations that objective medical evidence does not substantiate to consider seven factors concerning the claimant’s daily activities, pain, aggravating factors, medications, treatment, other relief measures, and functional restrictions.

Vega v. Commissioner of the Social Security Administration · filed 2025-07-14(c)(3)(i)-(vii)

If the claimant’s allegations of pain and limitation are “not substantiated by the objective medical evidence, the ALJ must engage in a credibility inquiry.” Meadors, 370 F. App’x at 184. This inquiry involves seven (7) 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. See 20 C.F.R. § 404.1529(c)(3)(i)-(vii).

Sections 404.1529(b) and (c) require an ALJ first to determine whether a medically determinable impairment could reasonably produce the alleged symptoms and then to evaluate the symptoms’ intensity, persistence, and limiting effects using the entire case record.

Alexandre v. O'Malley · filed 2025-07-21(b), (c)

Symptoms such as pain or fatigue will be considered to affect a claimant’s ability to perform work activities only if medical signs or laboratory findings establish the presence of a medically determinable impairment that could reasonably be expected to produce the alleged symptoms. 20 C.F.R. §§ 404.1529(b), 416.929(b); SSR 16–3p. During the second step of this assessment, the ALJ must determine whether the claimant’s statements regarding the intensity, persistence, or limiting effects of his or her symptoms are substantiated considering the entire case record. 20 C.F.R. § 404.1529(c), 416.929(c); SSR 16–3p. This includes, but is not limited to, medical signs and laboratory findings; diagnoses; medical opinions provided by treating or examining sources and other medical sources; and information regarding the claimant’s symptoms and how they affect his or her ability to work. 20 C.F.R. § 404.1529(c), 416.929(c); SSR 16–3p. ... Here, we conclude that the ALJ’s consideration of Alexandre’s subjective symptoms is supported by substantial evidence.

Section 404.1529(c)(3) requires an ALJ to consider the relevant factors when evaluating a claimant’s subjective symptoms, but the ALJ need not discuss every factor and must sufficiently explain any decision to discount the claimant’s complaints.

Saxton v. Commissioner of Social Security · filed 2025-07-21(c)(3)

Under SSR 16-3p, the ALJ may consider several factors when evaluating a claimant’s subjective symptom complaints, including: ... 7. Any other factors concerning an individual’s functional limitations and restrictions due to pain or other symptoms. SSR 16-3p, 2016 SSR LEXIS 4 *15-19; see also 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). The ALJ does not need to discuss all regulatory factors that she considers and need only provide a sufficient assessment to convince the reviewing court that she considered all relevant evidence. See SSR 16-3p; Correa v. Comm’r of Soc. Sec., No. 1:23-cv-685, 2023 U.S. Dist. LEXIS 231766, at *36-38 (N.D. Ohio Dec. 14, 2023). If the ALJ rejects or discounts a claimant’s subjective complaints, she must sufficiently state her reasons for doing so. Felisky v. Bowen, 35 F.3d 1027, 1036 (6th Cir. 1994). ... The ALJ’s failure to cite specific treatment notes by these two professionals does not constitute a violation of SSR 16-3p. ... The ALJ discussed Saxton’s subjective symptom complaints, medical evidence of her impairments and subjective symptoms, the opinions of the state agency consultants, and analyzed why she believed certain evidence supported the RFC and why other evidence was inconsistent with the limitations alleged by Saxton. This satisfied the ALJ’s obligation under the regulations and applicable Social Security Rulings. See 20 C.F.R. §§ 404.1520(e), 404.1529(c)(3), 416.920(e), 416.929(c)(3); SSR 96-8p, 1996 SSR LEXIS 5; SSR 16-3p, 2016 SSR LEXIS 4; SSR 02-1p, 2012 SSR LEXIS 1 at *18.

Section 404.1529(c)(3)(v) permits an ALJ evaluating a claimant’s subjective complaints to consider treatment received for pain or other symptoms.

HERNANDEZ v. COMMISSIONER OF SOCIAL SECURITY · filed 2025-07-23(c)(3)(v)

Plaintiff complains that, in noting that Plaintiff relies on opioid medications, the ALJ “puzzlingly” referred to a failure on Plaintiff’s part to consider alternative methods of pain control without identifying such methods. Plaintiff’s Brief, ECF No. 6, pp. 17–18. The Court is not persuaded that this issue requires remand. As noted above, an ALJ may consider a claimant’s treatment when evaluating the claimant’s subjective complaints. See 20 C.F.R. § 404.1529(c)(3)(v). Here, the ALJ noted that it did not appear that Plaintiff had tried other treatment modalities, including physical therapy.

Section 404.1529(c)(3) directs an ALJ evaluating a claimant’s symptoms to consider objective medical evidence, subjective complaints, work history, information from medical and non-medical sources, daily activities, medication, treatment, and other functional limitations.

Willis v. Commissioner of Social Security · filed 2025-07-23(c)(3)

In undertaking this analysis, an ALJ should consider objective medical evidence, a claimant’s subjective complaints, information about a claimant’s prior work record, and information from medical and non-medical sources. SSR 16-3p, 82 Fed. Reg. 49462, 49464-49466; 20 C.F.R. § 404.1529(c)(3). Factors relevant to a claimant’s symptoms include daily activities, types and effectiveness of medications, treatment received to address symptoms, and other factors concerning a claimant’s functional limitations and restrictions due to pain or other symptoms. SSR 16-3p, 82 Fed. Reg. at 49465-49466; 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(2)-(3) bars an ALJ from rejecting subjective symptom testimony solely for lack of objective support and requires a sufficiently specific credibility analysis addressing the relevant regulatory factors.

Malone v. O'Malley · filed 2025-07-30(c)(2)-(3)

An ALJ, however, cannot reject a plaintiff’s testimony about the intensity and persistence of symptoms solely because the available medical evidence does not substantiate the plaintiff’s claims. 20 C.F.R. § 404.1529(c)(2). Instead, an ALJ must consider the credibility factors outlined in 20 C.F.R. § 404.1529(c)(3). ... While this discussion addressed factors (1) and (5), the ALJ did not address any of the other factors specified in § 404.1529(c)(3), despite testimony arguably touching upon several of them. ... Accordingly, the ALJ did not provide an adequate explanation for discounting Plaintiff’s subjective testimony. ... As a result, the case should be remanded for the ALJ to reconsider and explain his credibility determinations. It is possible that the ALJ would reach the same conclusion on remand, but any new credibility determination should address Plaintiff’s testimony more specifically with reference to the factors outlined in 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider both the objective medical evidence and other relevant evidence and to explain how the record undermines a claimant’s statements.

VANDEWALKER v. COMMISSIONER OF SOCIAL SECURITY · filed 2025-08-05(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. ... Here, the ALJ has not explained how the medical record, which reflects undisputed continued pain despite treatment with Botox and other prescribed medications, is inconsistent with or otherwise undermines Plaintiff’s statements.

Section 404.1529 requires an ALJ first to determine whether objective evidence shows an impairment that could reasonably produce the alleged symptoms and then to assess how those symptoms limit work capacity using all available evidence.

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

In determining a claimant’s RFC, the ALJ must evaluate the claimant’s subjective symptoms using a two-part test. Lewis v. Berryhill, 858 F.3d 858, 866 (4th Cir. 2017); 20 C.F.R. §§ 404.1529(a), 416.929(a). First, the ALJ must determine whether objective evidence shows the existence of a medical impairment that could reasonably be expected to produce the alleged symptoms. 20 C.F.R. §§ 404.1529(b), 416.929(b). Once the claimant makes that threshold showing, the ALJ must evaluate the extent to which the symptoms limit the claimant’s capacity to work. Id. §§ 404.1529(c), 416.929(c). At this second stage, the ALJ must consider all available evidence, including medical history, objective medical evidence, and statements by the claimant.

Section 404.1529 requires a two-step symptom inquiry: determine whether a medically determinable impairment could reasonably cause the alleged symptoms, then evaluate their intensity, persistence, and work-related limiting effects from the entire record.

Bennett v. Commissioner of the Social Security Administration · filed 2022-02-28(a)

First, the ALJ must determine whether the individual has a medically determinable impairment “that could reasonably be expected to produce the individual’s alleged symptoms.” SSR 16-3p, 2017 WL 5180304, at *3. In the second step the ALJ must “evaluate the intensity and persistence of an individual’s symptoms such as pain and determine the extent to which an individual’s symptoms limit his or her ability to perform work-related activities . . . .” Id. at *4. “In considering the intensity, persistence, and limiting effects of an individual’s symptoms, we examine the entire case record, including the objective medical evidence; an individual’s statements about the intensity, persistence, and limiting effects of symptoms; statements and other information provided by medical sources and other persons; and any other relevant evidence in the individual’s case record.” Id; see also 20 C.F.R. § 404.1529(a); § 416.929(a).

Section 404.1529 requires a two-part symptom analysis: first determine whether objective evidence shows an impairment that could reasonably cause the alleged symptoms, then evaluate how those symptoms limit work capacity using all available evidence.

Lewis v. Saul · filed 2022-03-28(b)-(c)

In determining a claimant’s RFC, the ALJ must evaluate the claimant’s subjective symptoms using a two-part test. Lewis v. Berryhill, 858 F.3d 858, 866 (4th Cir. 2017); 20 C.F.R. §§ 404.1529(a), 416.929(a). First, the ALJ must determine whether objective evidence shows the existence of a medical impairment that could reasonably be expected to produce the alleged symptoms. 20 C.F.R. §§ 404.1529(b), 416.929(b). Once the claimant makes that threshold showing, the ALJ must evaluate the extent to which the symptoms limit the claimant’s capacity to work. Id. §§ 404.1529(c), 416.929(c). At this second stage, the ALJ must consider all available evidence, including medical history, objective medical evidence, and statements by the claimant.

Section 404.1529 requires an ALJ first to determine whether an impairment could reasonably produce alleged symptoms and then to evaluate their intensity, persistence, and work-related limits using all record evidence and the listed symptom factors.

Crooms v. Kijakazi(CONSENT) · filed 2023-09-29(a)-(c)

“Consideration of a claimant’s symptoms therefore involves a two-step process, wherein the SSA first considers whether an underlying medically determinable physical or mental impairment exists that could reasonably be expected to produce the claimant’s symptoms, such as pain.” Mixon v. Kijakazi, No. 8:20-CV-2991, 2022 WL 2816964 at *3 (M.D. Fla. July 19, 2022); 20 C.F.R. §§ 404.1529(a)-(b), 416.929(a)-(b); SSR 16-3p, 2017 WL 5180304 at *2-3. Once an underlying physical or mental impairment that could reasonably be expected to produce the claimant’s symptoms is established, the ALJ must then consider all of the evidence in the record to evaluate the intensity and persistence of those symptoms to determine the extent to which the symptoms limit the claimant’s capacity for work. SSR 16-3p, 2017 WL 5180304 at *3-4; 20 C.F.R. §§ 404.1529(a)-(c), 416.929(a)-(c); Stromgren v. Kijakazi, No. 3:21-CV-908, 2022 WL 1205347 at *5 (N.D. Fla. Mar. 11, 2022), report and recommendation adopted, No. 3:21-CV-908, 2022 WL 1204519 (N.D. Fla. Apr. 22, 2022).

Section 404.1529 requires a two-step severity inquiry: determine whether an impairment could reasonably produce the symptoms, then evaluate their intensity, persistence, and work-related limiting effects.

Terentino v. Kijakazi · filed 2023-09-29(c)(1)-(3)

The determination of whether a claimant’s symptoms are severe is a two-step process. First, the ALJ must determine whether there is an underlying medically determinable physical or mental impairment that could reasonably be expected to produce the claimant’s pain or other symptoms. 20 C.F.R. § 404.1529(c)(1). Second, the ALJ must evaluate the intensity, persistence, and limiting effects of the claimant’s symptoms to determine the extent to which they limit the claimant’s work-related activities. 20 C.F.R. § 1529(c)(3).

Section 404.1529 requires an ALJ first to identify objective evidence of a condition that could reasonably cause the alleged symptoms and then to evaluate symptom intensity, persistence, and limiting effects against the record.

Anderson v. Commissioner of the Social Security Administration · filed 2024-03-12(b)-(c)

Subjective complaints are evaluated in two steps: First, the ALJ looks for objective medical evidence showing a condition that could reasonably produce the alleged symptoms. Second, the ALJ must evaluate the intensity, persistence, and limiting effects of the claimant’s symptoms to determine the extent to which they limit the claimant’s ability to perform basic work activities. The second determination requires the ALJ to assess the credibility of the claimant’s statements about symptoms and their functional effects. Lewis v. Berryhill, 858 F.3d 858, 866 (4th Cir. 2017) (citing 20 C.F.R. §§ 404.1529(b), 416.929(b), 404.1529(c), 416.929(c), 404.1529(c)(4), 416.929(c)(4)).

Section 404.1529 requires a two-step analysis of whether an impairment could reasonably cause alleged symptoms and whether the claimed intensity, persistence, and limiting effects are supported by the record; symptom statements alone cannot establish disability.

Farell V SSA · filed 2024-03-25(a)-(c)

Importantly, “statements about [a claimant’s] pain or other symptoms will not alone establish that [a claimant] is disabled.” 20 C.F.R. § 404.1529(a). The Sixth Circuit has noted that because “tolerance of pain is a highly individual matter[,] a determination of disability based on pain by necessity depends largely on the credibility of the claimant.” Houston v. Sec’y of Health & Human Servs., 736 F.2d 365, 367 (6th Cir. 1984). In evaluating a claimant’s subjective complaints of pain and other symptoms, ALJs apply the two-step analysis outlined in 20 C.F.R. § 404.1529.

Section 404.1529(c)(3) requires an ALJ to evaluate the intensity and persistence of symptoms and how they limit a claimant’s ability to work.

Breitmaier v. Nancy A. Berryhill, Acting Commissioner of Social Security · filed 2018-12-20(c)(3)

Under the ruling, “an ALJ determining whether an applicant has a residual functional capacity that precludes a finding of disability must evaluate the intensity and persistence of an individual’s symptoms such as pain and determine the extent to which an individual’s symptoms limit his or her ability to perform work-related activities.” Id. (internal quotation marks omitted). ... Therefore, Breitmaier has not shown that the ALJ erred in evaluating his subjective complaints.

Section 404.1529 requires an ALJ to reassess subjective symptom allegations using the medical and testimonial evidence and explain how that evidence supports the conclusions.

Fulgencio v. Saul · filed 2019-11-26

On remand, the ALJ should reassess all of Claimant’s subjective symptom allegations in accordance with SSR 16- 3p and 20 C.F.R. § 404.1529. The ALJ should then articulate how she evaluates the full range of medical and testimonial evidence and explain the logical bridge from the evidence to her conclusions about Claimant’s subjective symptom allegations.

Section 404.1529 calls for evaluating whether the evidence supports the claimed limiting effects of a claimant’s symptoms.

Giaimo v. Saul · filed 2021-09-30

Put simply, the ALJ considered Plaintiff's subjective complaints but did not find objective support in the record for her alleged degree of limitation.

Section 404.1529 calls for considering daily activities, pain, aggravating factors, medication, and functional restrictions when evaluating subjective symptoms.

Merrill v. Saul · filed 2022-01-11

The Polaski factors include (1) the claimant's daily activities; (2) the duration, frequency, and intensity of the pain; (3) precipitating and aggravating factors; (4) dosage, effectiveness, and side effects of medication; and (5) functional restrictions. Polaski, 739 F.2d at 1322; see also 20 C.F.R. § 404.1529. Here, the ALJ considered the Polaski factors. ... The ALJ did not inappropriately discount plaintiff’s allegations of disabling pain, and her determination was supported by substantial evidence in the record.

Section 404.1529(c) permits an ALJ to consider objective evidence alongside other evidence when evaluating symptoms, but the ALJ may not reject subjective statements solely for lack of objective evidence.

Pettebone v. Saul · filed 2022-03-08(c)

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

Section 404.1529 permits an ALJ to assess alleged symptom limitations using medical evidence and testimony about daily activities.

Polecat v. Social Security Administration · filed 2023-09-27

As part of his evaluation of Claimant's physical symptoms, the ALJ noted the two-step process for the evaluation of symptoms set forth in Social Security Ruling 16-3p and the requirements under 20 C.F.R. § 404.1529. ... The ALJ considered Claimant’s subjective complaints and found those complaints inconsistent with his review of the medical records as well as Claimant’s testimony of daily activities asserted at the administrative hearing. It is a mischaracterization for Claimant to suggest that the ALJ based his opinion solely on the objective medical opinion evidence.

Section 404.1529(c)(3) requires consideration of daily activities, pain characteristics, medication, treatment, relief measures, and functional restrictions when evaluating subjective symptoms.

Estrella · filed 2025-09-02(c)(3)

This inquiry involves seven (7) 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. See 20 C.F.R. § 404.1529(c)(3)(i)-(vii)). ... Plaintiff’s subjective complaints will need to be reconsidered on remand after proper consideration of that evidence and adequate development of the record.

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

RIBARDO · filed 2026-01-26(c)(3)

In conducting this evaluation, an ALJ must consider the objective medical evidence as well as other evidence relevant to a claimant’s subjective symptoms.

Section 404.1529 requires consideration of subjective symptoms and a medically determinable condition reasonably expected to produce them.

Monteiro v. Apfel · filed 2001-03-27

A claimant’s subjective allegation of symptoms is not, however, itself evidence of a disability; there must be a medical condition reasonably expected to produce those symptoms. 20 C.F.R. § 404.1529.

Section 404.1529 requires an ALJ to consider a claimant’s subjective testimony about symptoms when deciding disability.

Pereira v. Astrue · filed 2010-05-25(a)

Finally, the ALJ failed to properly consider the Plaintiffs subjective testimony regarding his symptoms in determining whether he is disabled as required by Social Security regulations. See 20 C.F.R. § 404.1529(a).

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

Cook v. Astrue · filed 2011-07-12(c)

When faced with a claimant alleging subjective symptoms such as pain, an ALJ evaluates the credibility of testimony relating to the intensity, persistence, and effects of those symptoms.

Section 404.1529(c) requires the ALJ to assess the intensity, persistence, and limiting effects of symptoms that an impairment could reasonably produce.

Shaw v. SSA · filed 2011-12-16(c)

When a claimant demonstrates that her impairment could reasonably be expected to produce the symptoms she alleges, the ... ALJ is required to determine the intensity, persistence, and limiting effects of those symptoms. 20 C.F.R. § 404.1529(c). ... The court finds, therefore, that the ALJ’s conclusion that Shaw’s pain was not disabling, and his subsidiary finding that her statements regarding her pain were not wholly credible, are supported by substantial evidence.

Section 404.1529 requires consideration of the claimant’s symptoms and their effects; subjective complaints cannot be rejected solely because objective medical evidence does not fully support them.

Condon v. Berryhill · filed 2017-12-18

Although subjective complaints may be discounted if there are inconsistencies in the evidence as a whole, and while the claimant bears the burden of proving that disability results from a medically determinable physical or mental impairments, "[t]he adjudicator may not disregard a claimant's subjective complaints solely because the objective medical evidence does not fully support them." ... In the case at bar, the only reason given by the ALJ for finding Plaintiff's testimony "not entirely credible" was that the testimony was not fully supported by objective medical evidence. ... The Court agrees with Plaintiff that the ALJ's credibility finding falls short of what is required.

Section 404.1529 requires an ALJ to evaluate how the intensity and persistence of symptoms limit a claimant’s ability to work when a medically determinable impairment could reasonably cause those symptoms.

MOSHER v. SAUL · filed 2019-08-12(b)–(c)

The foregoing shows that the ALJ evaluated Plaintiff’s subjective complaints according to the appropriate pain standard.

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

Uplinger v. Commissioner of Social Security · filed 2019-09-25(b), (c)

Accordingly, this court concludes the ALJ’s evaluation of the plaintiff’s subjective complaints is free from legal error and supported by substantial evidence.

Section 404.1529 requires an ALJ to consider a claimant’s symptom reports alongside medical evidence, daily activities, treatment, and other relevant factors.

Stuhler v. Commissioner of Social Security · filed 2020-02-03

Rather, the ALJ should also consider the statements of medical sources, non-medical sources, and the enumerated relevant factors (i.e., daily activities, the nature of the symptoms, factors that precipitate or aggravate the symptoms, medications, the treatment received, and any other measures used to alleviate the symptoms). Id.; 20 C.F.R. §§ 404.1529, 416.929. ... Based on the evidence as a whole, the Court cannot say that the ALJ’s assessment of Plaintiff’s subjective complaints fails to satisfy the regulatory requirements or is not supported by substantial evidence.

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

Kowalczyk v. Commissioner of Social Security · filed 2020-02-20(a)

When assessing subjective symptoms, the ALJ must consider a claimant’s statements about her symptoms, such as pain, and how the symptoms affect her daily life and ability to work.

Section 404.1529 requires an ALJ assessing residual functional capacity to consider the claimant’s subjective allegations and make findings about them.

Pittman v. Commissioner of Social Security · filed 2020-02-20

In assessing a claimant=s residual functional capacity the Administrative Law Judge must necessarily consider the subjective allegations of the claimant and make findings. 20 C.F.R. §§ 404.1529, 416.929; Social Security Ruling 16-3p.

Section 404.1529(a) permits an ALJ to assess whether a claimant’s reported symptoms are consistent with the medical and other evidence when determining functional limitations.

Willis v. BERRYHILL · filed 2020-04-22(a)

The ALJ’s RFC discussion adequately explains his finding that Plaintiff’s “statements concerning the intensity, persistence and limiting effects of [her alleged] symptoms are not entirely consistent with the medical evidence and other evidence in the record[,]” see 20 C.F.R. §§ 404.1529(a), 416.929(a), and his conclusion that “the claimant's subjective complaints do not warrant any additional limitations beyond those established in the aforementioned residual functional capacity.”

When an underlying impairment could reasonably cause a claimant’s symptoms, the ALJ must assess whether the claimant’s statements about their intensity, persistence, and limiting effects are consistent with the record as a whole.

April J. v. Saul · filed 2020-05-19(c)(4)

Accordingly, when a claimant presents “objective medical evidence of an underlying impairment which might reasonably produce the pain or other symptoms [the claimant] alleged,” the ALJ is required to determine the extent to which the claimant’s statements regarding the intensity, persistence, and limiting effects of his or her subjective symptoms (“subjective statements” or “subjective complaints”) are consistent with the record evidence as a whole and, consequently, whether any of the individual’s symptom-related functional limitations and restrictions are likely to reduce the claimant’s capacity to perform work-related activities.

An ALJ may consider a lack of supporting objective evidence alongside other factors when evaluating a claimant’s symptoms, but may not reject symptoms solely for lack of objective support.

Williams v. Saul · filed 2020-05-19(c)

However, an ALJ can consider the lack of supporting objective evidence to discount a claimant’s subjective symptoms along with other factors. ... That is exactly what the ALJ did here.

Section 404.1529 requires an ALJ to consider a claimant’s pain and other subjective symptoms throughout the disability evaluation.

Epstein v. Saul · filed 2020-11-04(a)

When determining disability, an ALJ is required to consider a claimant’s impairment-related pain and other subjective symptoms at each step of the sequential evaluation process.

Section 404.1529(c) requires an ALJ to consider medical evidence, daily activities, treatment, and functional limitations when evaluating reported symptoms, and to give reasons supported by the record.

Arteaga v. Saul · filed 2020-11-10(c)

The ALJ must justify his or her subjective symptom evaluation with “specific reasons supported by the record,” Pepper v. Colvin, 712 F.3d 351, 367 (7th Cir. 2013), and in doing so, must consider several factors, including the objective medical evidence, the claimant’s daily activities, his level of pain or symptoms, aggravating factors, medication, course of treatment, and functional limitations. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304, at *5, *7-8 (Oct. 25, 2017).

Section 404.1529 requires an ALJ evaluating symptoms to consider the full record, including the claimant’s testimony, and explain the weight given to her complaints.

Minton v. Saul · filed 2020-11-17(c)(2)

In short, albeit in a close case, the undersigned finds that the ALJ properly considered the full record, including Plaintiff’s testimony, and explained the weight he gave to her complaints.

Section 404.1529(c) directs the ALJ to assess the severity of reported symptoms using the record, including the claimant's activities and treatment.

King v. Saul · filed 2020-11-24(c)

Second, the ALJ considers whether the record supports the severity of the symptoms he alleges. 20 C.F.R. §§ 404.1529(c), 416.929(c). To do so, the ALJ will look to the claimant's reported activity levels and treatment received. ... Looking at all of this evidence together, the AL] determined that Nathaniel’s statements about the level of pain and functional limitations are not supported by his medical record or the sorts of activities he is able to engage in. Substantial evidence exists to support the ALJ’s credibility finding.

Section 404.1529 requires an ALJ to consider a claimant’s pain and other subjective symptoms at each step of the disability evaluation.

Paxton v. Kijakazi · filed 2020-11-27(a), (d)

When determining disability, an ALJ is required to consider a claimant’s impairment-related pain and other subjective symptoms at each step of the sequential evaluation process. 20 C.F.R. §§ 404.1529(a), (d). ... Accordingly, the ALJ erred by failing to provide specific, clear, and convincing reasons to discount plaintiff’s subjective statements.

Section 404.1529(c)(3) requires consideration of evidence beyond objective medical findings when evaluating reported symptoms.

Fessenden v. Commissioner of Social Security · filed 2020-11-30(c)(3)

The decision’s rejection of the Plaintiff’s subjective symptoms when relying only on the absence objective evidence in support, as well as failing to address the contents of the 2013 assessment, are errors.

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

Ludden v. Kijakazi · filed 2020-07-31

Rather, she carefully reviewed them in accordance with Polaski, 20 C.F.R. § 404.1529, and SSR 16-3p.

Section 404.1529 requires the ALJ to consider the entire record when evaluating a claimant’s reported symptoms.

Rieffer v. Saul · filed 2020-12-04

In analyzing a claimant’s subjective reports, the ALJ considers the entire record, including: medical records; ... precipitating and aggravating factors; and functional restrictions. 20 C.F.R. §§ 404.1529, 416.929; Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir. 1984). ... Because the ALJ has provided several valid and well-supported reasons for discounting Plaintiff’s allegations, the Court finds no error here.

Section 404.1529 requires adjudicators to consider all symptoms, including pain, and assess their consistency with objective medical evidence and other evidence in the record.

Ganee v. Commissioner of Social Security · filed 2020-12-11

Adjudicators, as the regulations dictate (i.e., 20 C.F.R. § 404.1529), are to consider all the claimant’s symptoms, including pain, and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence in the record.

A claimant’s statements about symptoms and pain, standing alone, do not establish disability.

Baker v. Kijakazi · filed 2020-12-22

A claimant’s own subjective statements about symptoms and pain will not, standing alone, establish disability. 20 C.F.R. § 404.1529.

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

MARSH v. SAUL · filed 2021-01-12(c)

"In determining credibility an ALJ must consider several factors, including the claimant's daily activities, her level of pain or symptoms, aggravating factors, medication, treatment, and limitations." Villano, 556 F.3d at 562 (citing 20 C.F.R. § 404.1529(c)). ... In short, the ALJ reviewed the evidence presented, weighed the credibility of the assertions, and gave specific reasons to support his finding that Plaintiff was not disabled.

An ALJ can sufficiently consider § 404.1529(c)(3) factors when weighing subjective complaints.

Devore v. Social Security Administration, Commissioner of · filed 2021-01-19(c)(3)

Thus, the Court concludes that the ALJ sufficiently considered the factors outlined in 20 C.F.R. 404.1529(c)(3) and 416.929(c)(3) in weighing Plaintiffs subjective complaints.

Section 404.1529(c) calls for consideration of objective medical evidence and other evidence from nonmedical sources when evaluating symptoms after a medically determinable impairment is shown.

Staudenmaier v. Commissioner of Social Security · filed 2021-01-22(c)

Under 20 C.F.R. § 404.1529(c), once there is a medically determinable impairment shown, the ALJ considers both objective medical evidence as well as other evidence from non-medical sources.

Section 404.1529(c) requires an ALJ to consider the nature and intensity of pain, its effect on functioning, and daily activities when evaluating symptoms.

Braden v. Commissioner of Social Security · filed 2021-01-26(c)

The regulations require the ALJ to look at a variety of factors in evaluating a claimant’s symptoms, including the nature and intensity of pain, the effects of his pain on his ability to function, and daily activities. 20 C.F.R. § 404.1529(c). ... The ALJ erred in discrediting Ms. Braden’s subjective symptoms on the basis of cherry picked evidence that does not logically relate to her impairments.

Section 404.1529(c) requires an ALJ to evaluate how a claimant’s symptoms limit the ability to work using the full case record.

Le v. Saul · filed 2021-02-08(c)

Second, the ALJ must evaluate the intensity, persistence, and limiting effects of the claimant’s symptoms to determine the extent to which they limit the claimant’s ability to work. ... The ALJ was entitled to find that the objective medical evidence outweighed Thai’s subjective statements, and he provided a sufficient rationale for doing so.

Section 404.1529 requires an ALJ to consider a claimant’s subjective symptom complaints at each step of the disability evaluation.

Fragale v. Chater · filed 1996-02-21(b), (d)

The regulations require the ALJ to consider the claimant’s subjective complaints about her symptoms, “such as pain, fatigue, shortness of breath, weakness, or nervousness,” 20 C.F.R. § 404.1529(b), at each step of the sequential evaluation process. ... Under these circumstances, the ALJ erred in rejecting plaintiffs testimony based on a lack of medical diagnoses or objective findings, and she failed to give increased significance to plaintiffs testimony regarding her symptoms.

Section 404.1529 requires an ALJ to evaluate a claimant’s symptom statements using the full record, including daily activities, treatment, and medication.

Vickers v. Berryhill · filed 2019-09-11(c)

Additionally, in accordance with 20 C.F.R. §§ 404.1529 and 416.929, the ALJ also considered Plaintiff's history of treatment and medication.

Section 404.1529 requires an ALJ to evaluate reported symptoms against the record as a whole and give specific reasons for discounting a claimant’s statements.

Castellanos v. Saul · filed 2020-05-25(c)(4)

When determining disability, an ALJ is required to consider a claimant’s impairment-related pain and other subjective symptoms at each step of the sequential evaluation process. 20 C.F.R. §§ 404.1529(a), (d). ... The ALJ failed to provide specific, clear and convincing reasons to discount plaintiff’s testimony.

Section 404.1529 requires the ALJ to determine whether an impairment could cause the alleged symptoms and then assess those symptoms against the medical and other evidence.

Reynolds v. Commissioner of Social Security · filed 2019-09-04(a), (b)

The evaluation of a claimant’s subjective symptoms involves a two-step process. First, the ALJ must determine whether the medical impairments “could reasonably be expected to produce the pain or other symptoms alleged[.]” 20 C.F.R. §§ 404.1529(a), (b); 416.929(a), (b). ... Against a backdrop of efforts to return to work, Plaintiff has a persuasive argument that the ALJ erred in assessing his subjective complaints. ... Upon remand, the ALJ must reconsider Plaintiff's “testimony and... work attempts, in light of his reconsideration of the medical record and reweighing of the medical evidence.”

Section 404.1529(c)(3) provides factors an ALJ must consider when evaluating a claimant’s subjective symptoms.

Lumley v. Social Security Administration · filed 2021-07-26(c)(3)

As with the previously-applicable Ruling, SSR 16–3p incorporates 20 C.F.R. § 404.1529(c)(3), which provides factors for an ALJ to use when assessing a claimant's allegations.

Section 404.1529 requires an ALJ to evaluate reported symptoms in light of the medical evidence and other evidence in the record.

Gardner v. Commissioner of Social Security · filed 2021-08-31

After a careful review, the Court finds no error in the ALJ’s treatment of Plaintiff’s subjective complaints. ... Having examined both the ALJ’s decision and the entirety of the underlying administrative record, the Court finds no indication in the discussion of “cherry-picking” that led to a “gross mischaracterization.”

Section 404.1529(a) requires consideration of a claimant’s reported symptoms, but those statements alone cannot establish disability.

Zanazanian v. Saul · filed 2021-09-08(a)

While an ALJ must consider a plaintiff’s representations about her symptoms and limitations, her statements about her “pain or other symptoms will not alone establish that” she is disabled. 20 C.F.R. § 404.1529(a). ... Here, the Court finds that the ALJ did not give clear and convincing reasons for discounting Plaintiff’s subjective complaints of pain.

Section 404.1529(c)(3) requires the ALJ to consider relevant evidence when evaluating a claimant’s reported symptoms and their limiting effects.

Davis v. Commissioner of Social Security · filed 2021-09-22(c)(3)

In sum, the ALJ carefully considered Plaintiff's subjective symptomology and substantial evidence supports his conclusion.

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

KATZ v. COMMISSIONER OF SOCIAL SECURITY · filed 2021-12-08(c)(3)

In conducting this evaluation, an ALJ must consider the objective medical evidence as well as other evidence relevant to a claimant’s subjective symptoms. ... In the view of this Court, this record provides substantial support for the ALJ’s decision to discount Plaintiff’s subjective statements as inconsistent with the record evidence.

Section 404.1529 requires the ALJ to assess whether an impairment could reasonably cause the alleged symptoms and then evaluate the claimed limitations against the record.

Chilla v. Commissioner of Social Security · filed 2021-12-09

The ALJ evaluates a claimant’s subjective complaints by engaging in a two-step process in which the ALJ determines whether the claimant has an impairment that could reasonably cause the alleged symptoms, and then evaluates the claimant’s statements about the limiting effects of her symptoms against the record. 20 C.F.R. §§ 404.1529, 416.929. ... Because substantial evidence supports the ALJ’s analysis of Plaintiff’s credibility and subjective symptoms, remand is not required on this issue.

Section 404.1529 permits an ALJ to discount allegations about the severity and limiting effects of symptoms when the evidence does not fully support them.

COLEMAN v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-01-06

An ALJ may discount a claimant’s allegations about the intensity, persistence, or limiting effects of his symptoms where the evidence does not fully support those allegations, and “need only include in the RFC those limitations which he finds to be credible.” Salles v. Comm’r of Soc. Sec, 229 F. App’x 140, 147 (3d Cir. 2007) (citations omitted); see also 20 C.F.R. §§ 404.1529 and 416.929; Social Security Ruling 16-3p, 2016 WL 1119029 (S.S.A. Mar. 16, 2016). ... On review, this Court finds that the ALJ sufficiently evaluated Plaintiff’s subjective complaints and will therefore give the ALJ’s credibility determinations the deference they are due.

Section 404.1529(c)(2) bars an ALJ from discounting a claimant’s reports of pain and limitations solely because objective medical evidence does not support them.

Rheinheimer v. Commissioner of Social Security · filed 2022-01-18(c)(2)

An “ALJ may not discredit a claimant’s testimony about her pain and limitations solely because there is no objective medical evidence supporting it.” Villano, 556 F.3d at 562; 20 C.F.R. § 404.1529(c)(2).

Section 404.1529(a) requires the ALJ to consider a claimant’s symptoms in light of the objective medical evidence and other evidence.

Altland v. Saul · filed 2022-01-18(a)

In determining whether the claimant is disabled, the ALJ must “consider all [of the claimant’s] symptoms, including pain, and the extent to which [the claimant’s] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence.” ... Accordingly, the Court finds that the ALJ fulfilled his duty in considering Altland’s ... subjective symptom allegations and weighing them against the entire medical record.

Section 404.1529(c) requires consideration of medical evidence and factors such as daily activities, the nature and intensity of symptoms, and treatment when evaluating a claimant’s reported symptoms.

Tennyson v. Kijakazi · filed 2022-02-01(c)

When conducting this evaluation, the ALJ should consider the objective medical evidence and other evidence in the record, such as a claimant’s daily activities, the nature, duration, frequency, and intensity of symptoms, precipitating and aggravating factors, and the type of medication and other treatments employed. 20 C.F.R. §§ 404.1529(c) and 416.929(c).

Section 404.1529(c) requires an ALJ evaluating the intensity, persistence, and limiting effects of symptoms to consider factors including medical history, treatment history, and daily activities.

Sampson v. Commissioner of Social Security · filed 2022-02-03(c)

In evaluating the intensity, persistence and limiting effects of an individual’s symptoms, an ALJ is to consider factors such as the individual’s medical history, treatment history, and daily activities.

Section 404.1529(c) requires consideration of a claimant’s symptoms, daily activities, medication, treatment, and resulting limitations when evaluating the effects of those symptoms.

Weber v. Saul · filed 2022-02-04(c)

The ALJ considered the appropriate factors—Plaintiff’s testimony about her level of fatigue and attendant limitations, daily activities, and medication and other treatment—and permissibly concluded that the severity and limiting effects of Plaintiff’s alleged symptoms were not entirely consistent with or supported by the evidence.

Section 404.1529 requires an ALJ to evaluate the intensity and persistence of symptoms and explain how the evidence bears on the claimant’s reported limitations.

Aguilera v. Commissioner of Social Security · filed 2022-02-10(a)-(b)

Second, once a medically determinable impairment that could reasonably be expected to produce the claimant’s symptoms is established, the ALJ evaluates the intensity and persistence of the claimant’s symptoms to determine the extent to which they impose work-related functional limitations. 20 C.F.R. §§ 404.1529(a) & 416.929(a). ... Though the ALJ summarized in other sections Ms. Aguilera’s daily activities, medication, and treatment, the decision offered no analysis as to how this evidence supported or contradicted Ms. Aguilera’s claims about her subjective symptoms. That impedes meaningful review and precludes a finding that a logical bridge exists.

Section 404.1529 requires an ALJ to consider a claimant’s symptoms throughout the disability evaluation and assess claimed limitations against the record as a whole.

Lund v. O'Malley · filed 2022-02-26(a), (c)(4), (d)

When determining disability, an ALJ is required to consider a claimant’s impairment-related pain and other subjective symptoms at each step of the sequential evaluation process. 20 C.F.R. §§ 404.1529(a), (d). ... Although the ALJ provided four reasons to discount plaintiff’s statements and testimony suggesting greater limitations, they are not specific, clear, and convincing reasons supported by substantial evidence.

Section 404.1529(c) directs an ALJ to consider medical history, treatment history, and daily activities when evaluating the intensity, persistence, and limiting effects of symptoms.

Stephens v. Saul · filed 2022-03-03(c)

In evaluating the intensity, persistence and limiting effects of an individual’s symptoms, an ALJ is to consider factors such as the individual’s medical history, treatment history, and daily activities. ... Under these circumstances, the undersigned is not left to guess at the foundations for the ALJ’s conclusions and finds that the ALJ explained his determination regarding Plaintiff’s subjective complaints adequately.

Section 404.1529(a) requires an ALJ to consider a claimant’s symptoms and statements about them, although symptoms alone cannot establish disability.

Stauffer v. Kijakazi · filed 2022-03-04(a)

Although a claimant’s symptoms alone cannot be used to establish a disability, the applicable regulations require an ALJ to consider all symptoms, including pain, and all of the claimant’s statements about their symptoms, including pain.

Section 404.1529 permits an ALJ to assess reported symptom limitations against medical and other evidence, including daily activities.

Richie v. Saul · filed 2022-03-17

The Court finds that the ALJ provided sufficient explanation in evaluating Plaintiff’s subjective limitations as consistent with the requirements of 20 C.F.R. § 404.1529.

Section 404.1529(c) requires evaluation of the intensity and persistence of a claimant’s symptoms and their effect on the claimant’s ability to work.

Lewis v. Social Security Administration, Commissioner · filed 2022-03-24(c)

If the first part of the pain standard is satisfied, the ALJ then evaluates the intensity and persistence of Plaintiff’s alleged symptoms and their effect on his ability to work. See 20 C.F.R. §§ 404.1529(c), 416.929(c); Wilson, 284 F.3d at 1225−26. ... Nothing in the record indicates that the ALJ erred in his application of the pain standard, and the Court finds that the ALJ adequately explained his findings and referred to the medical evidence that he considered in reaching his conclusions.

Section 404.1529(c) requires an ALJ to assess the intensity and limiting effects of a claimant’s symptoms using the entire record; the ALJ may consider inconsistencies with medical and other evidence without requiring objective proof of symptom severity.

Corbin v. Kijakazi · filed 2022-03-31(c)

In this case, the ALJ did not require Corbin to support his subjective statements with objective medical evidence; rather, she found that Corbin’s statements were inconsistent (in some respects) with the medical record and other evidence.

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

RAMAN v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-10-21(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. ... Here, the ALJ followed this two-step evaluation process.

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

Negron v. Commissioner of Social Security · filed 2022-12-15(a)

The ALJ must consider a claimant’s statements about her symptoms, such as pain, and how the symptoms affect her daily life and ability to work. See 20 C.F.R. § 404.1529(a); SSR 16-3p, 2017 WL 5180304, at *2 (Oct. 25, 2017). ... The ALJ does not discuss her continued reports of fatigue despite using her CPAP, nor does he acknowledge her reported need for naps due to her fatigue. ... This error requires remand.

An ALJ must consider a claimant’s impairment-related pain and other subjective symptoms at each step of the disability evaluation.

Van Marocco v. Kijakazi · filed 2022-12-23(a), (d)

When determining disability, an ALJ is required to consider a claimant’s impairment-related pain and other subjective symptoms at each step of the sequential evaluation process. 20 C.F.R. §§ 404.1529(a), (d), 416.929(a), (d).

Section 404.1529 governs evaluation of how a claimant’s symptoms limit the ability to work without requiring objective evidence of pain itself.

Durrant v. Kijakazi · filed 2023-02-03

Contrary to Plaintiff’s assertion, this process comported with the applicable regulatory framework detailed in 20 C.F.R. § 404.1529. It also conformed to the requirements delineated in Arakas, as the ALJ did not require Plaintiff to produce “objective evidence” to corroborate subjective complaints of pain.

Section 404.1529(c) requires an ALJ evaluating reported symptoms to consider relevant medical evidence before discrediting the claimant’s account.

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

The ALJ’s decision to discredit Aquino’s testimony regarding his narcolepsy symptoms was reached only after ignoring more recent medical records and cherry-picking statements out of context. The ALJ’s failure to acknowledge the relevant evidence in the record, or explain its rejection, constitutes legal error.

An ALJ may evaluate a claimant’s symptoms by comparing subjective complaints with the objective evidence and need not address every complaint individually.

Anderson v. Commissioner of Social Security · filed 2023-02-27(c)(3)

The ALJ discussed Plaintiff's subjective complaints and specifically compared them to objective evidence in the record.

Section 404.1529(c)(3) requires the ALJ to consider evidence relevant to a claimant’s symptoms but does not require a discussion of every listed factor.

Perez v. Commissioner of Social Security · filed 2023-03-08(c)(3)

And, while the ALJ expressly discussed the relevant evidence and many of the relevant factors from 20 C.F.R. § 404.1529(c)(3)(i-vii), Plaintiff appears to concede that discussing each of the factors is not necessary. ... The Court agrees that the ALJ had explicit and adequate reasons to reject Plaintiff’s testimony regarding her symptoms and limitations.

An ALJ may consider a claimant’s activities, symptom characteristics, medication, and other functional limits when evaluating subjective symptoms.

McNees v. Social Security Administration, Commissioner · filed 2023-03-15(c)(3), (4)

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

Section 404.1529(c) permits an ALJ to evaluate reported symptoms using treatment history, objective medical evidence, and daily activities.

Gregus v. Saul · filed 2023-03-15(c)

Overall, the ALJ gave “specific reasons supported by the record” for finding Plaintiff’s subjective reports not entirely consistent with the record, Pepper, 712 F.3d at 367, which tracked the applicable regulatory factors, 20 C.F.R. § 404.1529(c). The ALJ’s evaluation is thus supported by substantial evidence, and reversal is not warranted on this basis.

Section 404.1529(c) requires an ALJ to evaluate a claimant’s symptoms and give specific reasons for discounting symptom testimony; lack of objective medical support alone is insufficient.

Hopkins v. Kijakazi · filed 2023-04-21(c)

In evaluating a claimant’s subjective symptom testimony, an ALJ must engage in a two-step analysis. See Lingenfelter v. Astrue, 504 F.3d 1028, 1035-36 (9th Cir. 2007); 20 C.F.R. § 404.1529(c). ... The Court determines, therefore, that this was not a specific, clear, and convincing reason for discounting Plaintiff’s subjective symptom testimony.

Section 404.1529(c) permits an ALJ to weigh a claimant’s statements about symptoms against medical and other evidence when assessing their effect on the claimant’s ability to work.

Simpkins v. Commissioner of the Social Security Administration · filed 2023-04-27(c)

A claimant’s statements about intensity, persistence, and limiting effects of symptoms, which are inconsistent with the objective medical evidence and other evidence, are less likely to reduce her capacity to perform work related activities. SSR 16-3p, at *7; 20 C.F.R. § 404.1529(c). ... Based on the evidence before the ALJ, the ALJ conducted a proper evaluation of subjective symptoms and cited substantial evidence to support the finding that Plaintiff’s allegations of disabling symptoms were only partially consistent with the record.

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

Fogerty v. Kijakazi · filed 2023-05-04

Prior to this statement, and consistent with the Eighth Circuit’s requirements, the ALJ recognized her obligation to assess Fogerty’s symptoms based on the requirements of 20 C.F.R. §§ 404.1529, 416.929, and SSR 16-3p. ... The Court finds that the ALJ appropriately discounted Fogerty’s subjective complaints based on the objective medical evidence.

Section 404.1529 includes treatment other than medication and measures used to relieve symptoms among the factors considered when evaluating a claimant’s symptoms.

Golding v. Social Security Administration Commissioner · filed 2023-06-02

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

Section 404.1529(b) provides that subjective complaints alone do not establish disability.

Manzanares v. Commissioner of Social Security · filed 2023-07-05(b)

It is the ALJ’s role to evaluate a claimant’s credibility and to decide whether to discredit a claimant’s subjective estimate of the degree of his impairment. Tejada, 167 F.3d at 775-76; see also 20 C.F.R. § 404.1529(b) (dictating than an individual’s subjective complaints alone do not constitute conclusive evidence of a disability). ... Therefore, the ALJ’s decision to discount Manzanares’s hearing testimony was supported by substantial evidence and free from legal error.

Section 404.1529(c) requires an ALJ to explain the assessment of a claimant’s symptoms with specific reasons supported by the record, considering relevant factors beyond daily activities.

Figus v. Saul · filed 2023-07-10(c)

And the ALJ did not discuss the other regulatory factors, either. See 20 C.F.R. § 404.1529(c). Thus, because the ALJ’s decision lacks specific reasons for her conclusion that Plaintiff’s subjective symptoms were not entirely consistent with the record, it is patently wrong, meaning that it lacks sufficient explanation or support.

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

CAMPBELL v. KIJAKAZI · filed 2023-07-31(c)

As part of an RFC analysis, the ALJ must examine Plaintiff’s subjective complaints by evaluating the intensity and persistence of the symptoms to determine the extent to which of those symptoms operate to limit the individual’s ability to work. 20 C.F.R. §§ 404.1529(c), 416.929(c).

Section 404.1529(c)(3) requires an ALJ assessing reported symptoms to consider medical evidence, daily activities, symptom frequency and intensity, treatment, and functional limitations.

Nichols v. Saul · filed 2023-08-16(c)(3)

When evaluating subjective reports, an ALJ considers: (1) objective medical evidence; (2) daily activities; (3) frequency and intensity of pain or other symptoms; (4) medication, treatment, and other measures to relieve pain or other symptoms; and (5) functional limitations.

Section 404.1529(b) does not treat a claimant’s subjective complaints alone as conclusive evidence of disability.

Morell v. Commissioner of Social Security · filed 2023-08-21(b)

It is the ALJ’s role to evaluate a claimant’s credibility and to decide whether to discredit a claimant’s subjective estimate of the degree of his impairment. Tejada, 167 F.3d at 775-76; see also 20 C.F.R. § 404.1529(b) (dictating that an individual’s subjective complaints alone do not constitute conclusive evidence of a disability). ... The ALJ adequately explained her reasons for discounting Morell’s testimony about the intensity, persistence, and limiting effects of his symptoms because it was inconsistent with the record evidence, which showed that most of the conditions alleged were mild and that Morell’s physical exams were overwhelmingly normal. R. 27.

Section 404.1529(c)(3) requires an ALJ to consider the full record, including treatment and reasons for not seeking it, when evaluating the intensity and persistence of symptoms.

TURNER v. O'MALLEY · filed 2023-09-22(c)(3)

When evaluating the intensity and persistence of a Plaintiff's alleged symptoms, the ALJ considers the totality of the evidence, including (1) the Plaintiff's daily activities; (2) the location, duration, frequency, and intensity of the Plaintiff's pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication the Plaintiff takes; (5) treatment, other than medication, the Plaintiff receives; (6) any measures used to relieve pain or other symptoms; and (7) other factors regarding the Plaintiff's functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. § 404.1529(c)(3). ... The ALJ's decision to discount Plaintiff's subjective symptoms based on allegedly conservative treatment is thus not supported by substantial evidence.

Section 404.1529(c)(3)-(4) directs the ALJ to consider factors such as treatment history and consistency with the other evidence when evaluating a claimant’s symptoms.

Reeves v. Kijakazi (CONSENT) · filed 2023-09-26(c)(3)-(4)

The ALJ sufficiently considered the factors in accordance with 20 C.F.R. §§ 404.1529(c)(3)-(4), 416.929(c)(3)-(4) and SSR 16-3p.

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

Sherwood v. Commissioner of Social Security Administration · filed 2023-09-29

As all agree, a claimant’s subjective symptoms are evaluated using a two-step process set forth by the Social Security regulations, 20 C.F.R. § 404.1529, and further clarified by Social Security Ruling 16-3p. ... Instead, I conclude the ALJ applied the proper legal standards when discounting Sherwood’s subjective symptoms.

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

Peterson v. Social Security Administration · filed 2023-10-17(c)(3)

As part of the symptom analysis, the ALJ should consider the factors set forth in 20 C.F.R. § 404.1529(c)(3), including: (i) daily activities; ... (vii) any other factors concerning functional limitations. ... The Court finds the ALJ set forth the specific evidence she relied upon and then linked her evaluation of Plaintiff’s symptoms to substantial evidence in the record.