20 C.F.R. § 404.1529

Section 404.1529(c) requires consideration of objective evidence and a nonexclusive list of symptom factors, including daily activities, symptom characteristics and triggers, medication, treatment, relief measures, and other relevant circumstances, but does not require discussion of every factor.

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

Agency regulations require the ALJ to look at both the objective medical evidence and a nonexhaustive list of factors including: (1) daily activities; (2) the location, duration, frequency, and intensity of pain or other symptoms; (3) factors that precipitate and aggravate the symptoms; (4) the type, dosage, effectiveness, and side effects of any medication taken to alleviate pain or other symptoms; (5) treatment, other than medication; (6) any measures other than treatment an individual uses or has used to relieve pain or other symptoms; and (7) other relevant factors. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2017 WL 5180304 at *7-8. An ALJ is not required to discuss every factor in his ruling.

Section 404.1529(c)(3) requires consideration of the claimant’s daily activities, symptom characteristics and triggers, medication, treatment, relief measures, and other functional restrictions when evaluating symptom intensity and persistence.

Holloway v. Commissioner of Social Security · filed 2022-09-01(c)(3)

The Regulations in effect at the time of the ALJ’s Decision provided that an ALJ “will” also consider other factors related to symptoms such as pain, including: (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).

Section 404.1529(c)(3) requires an ALJ to consider more than objective medical evidence by addressing relevant daily activities, symptom characteristics, medication, and nonmedication treatment.

Lewno v. Commissioner of Social Security · filed 2022-09-01(c)(3)

The Commissioner is correct. In addition to discussing the objective medical evidence, the ALJ discussed Plaintiff’s daily activities, explaining that Plaintiff works in a motorcycle repair shop, performs household chores, and attends a full-time university program (Tr. 19).5 See 20 C.F.R. §§ 404.1529(c)(3)(i), 416.929(c)(3)(i). Throughout the ... opinion, the ALJ discussed the location of Plaintiff’s pain, explaining that he has reported pain in his back and neck and that this pain radiates to the right upper extremity (Tr. 19– 21). See 20 C.F.R. §§ 404.1529(c)(3)(ii), 416.929(c)(3)(ii). The ALJ also discussed the type of medication Plaintiff uses, noting that he tried a muscle relaxer with no relief and now takes Tylenol for his pain (Tr. 19–20). See 20 C.F.R. §§ 404.1529(c)(3)(iv), 416.929(c)(3)(iv). Then the ALJ discussed the treatment Plaintiff receives—other than medication—for relief of his pain, noting that he uses a TENs unit every other day and received an epidural steroid injection (Tr. 19–20) See 20 C.F.R. §§ 404.1529(c)(3)(v), 416.929(c)(3)(v).

Section 404.1529(c) requires an ALJ to consider objective evidence, work history, daily activities, pain characteristics and triggers, medication, and functional restrictions, but does not require discussion of every factor.

Armstrong v. Kijakazi · filed 2022-03-28(c)

When evaluating a claimant’s subjective complaints, the ALJ “must consider objective medical evidence, the claimant’s work history, and other evidence relating to (1) the claimant’s daily activities; (2) the duration, frequency, and intensity of the pain; (3) precipitating and aggravating factors; (4) the dosage, effectiveness, and side effects of medication; and (5) the claimant’s functional restrictions.” Schwandt v. Berryhill, 926 F.3d 1004, 1012 (8th Cir. 2019) (citing Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir. 1984), and 20 C.F.R. § 404.1529(c)). The ALJ is not required to discuss each of these factors. Id. (citation omitted).

When objective evidence does not substantiate alleged pain, Section 404.1529(c)(3) requires consideration of daily activities, symptom characteristics and triggers, medication, treatment, relief measures, and other functional restrictions.

Polanco v. Commissioner of Social Security · filed 2022-03-28(c)(3)

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)).

Section 404.1529(c)(3) requires an ALJ evaluating pain or other symptoms to consider daily activities, symptom characteristics and triggers, medication, treatment, relief measures, and other functional restrictions.

Bland v. Commissioner of Social Security · filed 2022-02-14(c)(3)

Title 20 C.F.R. § 404.1529 and Social Security Ruling 16-3p, 2016 WL 1119029, *3 (March 16, 2016) describe a two-part process for evaluating an individual’s subjective statements about symptoms, including pain.8 First, the ALJ must determine whether a claimant has a medically determinable physical or mental impairment that can reasonably be expected to produce the symptoms alleged; second, the ALJ must evaluate the intensity, persistence, and functional limitations of those symptoms by considering objective medical evidence and other evidence, including: (1) daily activities; (2) the location, duration, frequency, and intensity of pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication taken to alleviate pain or other symptoms; (5) treatment, other than medication, received for relief of pain or other symptoms; (6) any measures used to relieve pain or other symptoms; and (7) other factors concerning functional limitations and restrictions due to pain or other symptoms. See also 20 C.F.R. § 404.1529(c)(3).

An ALJ adequately accounts for pain symptoms under Section 404.1529(c)(3) by considering relevant factors such as the claimant’s daily activities together with the objective and opinion evidence.

Stotts v. Social Security Administration · filed 2022-02-14(c)(3)

The ALJ next addressed the question of whether Plaintiff’s subjective complaints regarding her back and knee pain—when evaluated with objective evidence, supported a conclusion that she was disabled. Specifically, pursuant to 20 C.F.R. §§ 404.1529(c)(3) and 416.929(c)(3), he considered factors such as plaintiff’s daily activities, including her statement that her pain has adverse impact on her ability to drive, sleep, clean, shop and attend church. R. 20. ... The Court concludes that the ALJ adequately accounted for Plaintiff’s physical impairments, including impairments attributable to her pain symptoms.

Section 404.1529(c)(3) directs adjudicators evaluating symptoms to consider daily activities, symptom characteristics, aggravating factors, medication, other treatment, relief measures, and other functional limits.

Sexton v. SSA · filed 2024-09-03(c)(3)

In 20 C.F.R. § 404.1529, the Social Security Administration informs claimants that, in certain credibility determinations, the following factors should guide the analysis of the agency decision makers: (i) Your daily activities; (ii) The location, duration, frequency, and intensity of your pain or other symptoms; (iii) Precipitating and aggravating factors; (iv) The type, dosage, effectiveness, and side effects of any medication you take or have taken to alleviate your pain or other symptoms; (v) Treatment, other than medication, you receive or have received for relief of your pain or other symptoms; (vi) Any measures you use or have used to relieve your pain or other symptoms (e.g., lying flat on your back, standing for 15 to 20 minutes every hour, sleeping on a board, etc.); and (vii) Other factors concerning your functional limitations and restrictions due to pain or other symptoms.

Section 404.1529(c)(3) calls for considering objective evidence, subjective complaints, work history, medical and nonmedical sources, medication, treatment, and functional limitations when evaluating symptoms.

Simon v. Commissioner of Social Security · filed 2024-09-03(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's symptom analysis requires consideration of the entire record and the regulation's listed factors, but only those factors pertinent to the evidence need be discussed.

Neumeier v. Commissioner of Social Security · filed 2023-03-30(c)(3)

The ALJ must therefore 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.” ... The ALJ need only discuss those factors that are pertinent based upon the evidence in the record.

Section 404.1529(c) requires a symptom evaluation supported by specific record-based reasons and consideration of objective evidence, daily activities, symptom severity, aggravating factors, medication, treatment, and functional limitations.

Yurgaitis v. Saul · filed 2023-03-31(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(c) requires the RFC determination to address all medical evidence, including treatment evidence and physicians' notes.

Owens v. Commisisioner of Social Security · filed 2023-03-31(c)

While the agency regulations do not require the ALJ to determine the medical necessity of the cane in every case, the ALJ is required to address all medical evidence including treatment evidence and doctors’ notes when determining an RFC. See 20 C.F.R. § 404.1529(c). But, as stated above, the ALJ properly evaluated the evidence in the record when determining Owens’ RFC, including the treating source statement provided by Dr. Williams’ indicating that Owens’ needed to use a cane occasionally with flare ups.

Sections 404.1529(c)(3) and (c)(4) require an ALJ to evaluate symptom severity using the listed factors and the entire case record, accepting alleged functional limits only to the extent they are reasonably consistent with objective and other evidence.

Luke v. SSA · filed 2021-06-03(c)(3)(i)-(vii), (c)(4)

In evaluating a claimant’s severity of symptoms, relevant factors include: (i) the individual’s daily activities; (ii) the location, duration, frequency, and intensity of the pain; (iii) factors that precipitate and aggravate symptoms; (iv) the type, dosage, effectiveness, and side effects of medication; (v) the treatment the individual receives or has received for relief; (vi) any other measures the individual has used to relieve pain; and (vii) any other factors concerning the individual’s functional limitations. 20 C.F.R. § 404.1529(c)(3)(i)-(vii). ... “Whenever a claimant's complaints regarding symptoms, or their intensity and persistence, are not supported by objective medical evidence, the ALJ must make a determination of the credibility of the claimant in connection with his or her complaints based on a consideration of the entire case record,” including medical signs and laboratory findings, the claimant’s own complaints of symptoms, any information provided by treating physicians and others, statements by persons familiar with how the claimant’s symptoms may affect her daily life, and any other relevant evidence contained in the record. Rogers, 486 F.3d at 247; 20 C.F.R. § 404.1529(c)(4). ... The ALJ cited specific reasons, explaining why she was discounting Luke’s subjective complaints regarding her limitations, highlighted inconsistencies in the record given the medical evidence available to her, and determined an RFC that was supported by the overall evidence. Accordingly, reversal is not warranted on this issue. Ulman, 693 F.3d at 714.

Sections 404.1529(c)(3) and (c)(4) direct an ALJ to consider other relevant information when reported symptoms suggest greater severity than objective evidence shows, including daily activities, medication, and inconsistencies with the rest of the record.

Burch v. Commissioner of Social Security · filed 2021-06-16(c)(3), (c)(4)

Because the reported pain and other symptoms suggested impairments of greater severity than could be shown by objective medical evidence, the ALJ appropriately considered other information and factors that may be relevant to the pain and other symptoms alleged. 20 C.F.R. § 404.1529(c)(3). For example, the ALJ appropriately considered Plaintiff’s level of daily activity (Tr. 23-26). 20 C.F.R. § 404.1529(c)(3)(i); Bogle v. Sullivan, 998 F.2d 342, 348 (6th Cir. 1993); Blacha v. Sec’y of Health & Human Servs., 927 F.2d 228, 231 (6th Cir. 1990). The ALJ also noted inconsistencies in the evidence and the extent to which there were conflicts between Plaintiff’s statements and the rest of the evidence (Id.). 20 C.F.R. § 404.1529(c)(4). The ALJ also considered the medications used to address Plaintiff’s health conditions (Id.). 20 C.F.R. § 404.1529(c)(3)(iv). The ALJ found from the medical record and Plaintiff's testimony that she does not suffer pain and other symptoms to the extent Plaintiff testified. The undersigned concludes that the ALJ's findings regarding Plaintiff's pain and other symptoms are supported by substantial evidence and fully comport with applicable law.

Section 404.1529(c)(3) requires an ALJ to acknowledge and examine the relevant symptom factors before discounting subjective complaints, but does not require a methodical discussion of each factor.

Spencer v. Social Security Administration Commissioner · filed 2021-06-17(c)(3)

In assessing the credibility of a claimant, the ALJ is required to examine and to apply the five factors from Polaski v. Heckler, 739 F.2d 1320 (8th Cir. 1984) or from 20 C.F.R. § 404.1529 and 20 C.F.R. § 416.929.1 See Schultz v. Astrue, 479 F.3d 979, 983 (2007). ... The ALJ is not required to methodically discuss each factor as long as the ALJ acknowledges and examines these factors prior to discounting the claimant’s subjective complaints. See Lowe v. Apfel, 226 F.3d 969, 971-72 (8th Cir. 2000). ... While the ALJ did consider Plaintiff’s medical records, the ALJ also considered Plaintiff’s daily activities, medication, aggravating factors, functional limitations, and treatment in his decision to discount Plaintiff’s subjective complaints. (Tr. 25). Thus, the Court cannot find a basis for reversal on this issue. See Guilliams v. Barnhart, 393 F.3d 798, 801 (8th Cir. 2005) (recognizing that deference is warranted where the ALJ’s credibility determination is supported by good reasons and substantial evidence).

Section 404.1529(c)(3)(iv) requires an ALJ evaluating subjective symptoms to consider the claimant’s medication and its effectiveness as part of the treatment evidence.

Howbert v. Commissioner of Social Security · filed 2021-06-17(c)(3)(iv)

Here, the ALJ stated explicitly that Plaintiff’s statements concerning the intensity, persistence, and limiting effects of his symptoms were not entirely consistent with the record. (Tr. 105). For example, the ALJ noted that Plaintiff’s condition(s) “improved with treatment,” and that despite some medication dosage changes, his treatment regimen remained relatively static and conservative. (See Tr. 106); see also Lherisson v. Berryhill, No. 3:17–cv–00137, 2018 WL 494411, at *5 (M.D. Tenn. Jan. 3, 2018) (citing 20 C.F.R. §§ 404.1529(c)(3)(iv), 416.929(c)(3) (2015)) (recognizing that it is not only permissible, but required, for an ALJ to consider a claimant’s medication or other treatment)). Similarly, in concluding that Plaintiff’s subjective complaints were not entirely consistent with the medical evidence, the ALJ also considered Plaintiff’s activities of daily living. For example, the ALJ determined that while Plaintiff “has subjective shortness of breath . . . he used the stationary bike and bikes over 100 miles per week.” (Tr. 105 (citing Tr. 1241)). Ultimately, as Defendant correctly argues, “the evidence of Plaintiff demonstrating a high exercise endurance . . . undermine[s] his claims that his activities of daily living were ‘limited.’” (Doc. 16 at 8). Given these inconsistencies, and the thoroughness with which she discussed them, the Court finds the ALJ did not fail to properly consider Plaintiff’s subjective complaints and accordingly her RFC is supported by substantial evidence.

Section 404.1529(c) requires an ALJ evaluating how pain limits work ability to consider the level of pain, aggravating factors, medication, treatment, functional limitations, and daily activities.

Ray v. Saul · filed 2021-06-30(c)

The agency’s regulations set out factors an ALJ must consider when evaluating a claimant’s statements about how pain limits his ability to work. See 20 C.F.R. § 404.1529(c). The factors include the level of pain, aggravating factors, a claimant’s medication, treatment, limitations, and the claimant’s daily activities. Id.; see also Gedatus v. Saul, 994 F.3d 893, 903–04 (7th Cir. 2021) (more fully describing the factors). ... Because the ALJ’s weighing of Ray’s reported symptoms in the context of the whole record is supported by substantial evidence, we find no reversible error on this front either. Ray testified at the hearing that he had difficulty lifting, standing, walking, sitting, and needed assistance to get around. The ALJ took these complaints into account, crediting these difficulties as reasonably likely to be the result of his impairments. The ALJ also credited the account of Ray’s wife, who provided a written explanation of Ray’s limited abilities at home, in informing the view as to the severity and limiting effects of Ray’s ailments. But the ALJ concluded that Ray’s complaints about the limiting effects of his symptoms were inconsistent with the medical evidence and testimony in the record. While crediting some limitations on Ray’s ability to work, the ALJ observed that Ray would still have been able during the relevant period to perform the sedentary work identified by the vocational expert. The medical record evidence, agency consulting opinions, and the objective medical opinion of Dr. Jilhewar, the ALJ added, were at odds with Ray’s statements about the severity of his symptoms. Taking all this into account, the ALJ provided sufficient reasoning to assure us that this credibility determination was not patently wrong.

Sections 404.1529(c)(3) and (c)(4) require an ALJ to evaluate daily activities, symptom duration and intensity, aggravating factors, medication, and treatment in light of the other evidence when assessing subjective pain testimony.

Cain v. Commissioner of Social Security · filed 2021-07-06(c)(3), (c)(4)

In evaluating a claimant's testimony, the ALJ should consider: (1) the claimant's daily activities; (2) the “duration, frequency, and intensity” of the claimant's symptoms; (3) “[p]recipitating and aggravating factors”; (4) the effectiveness and side effects of any medications; and (5) treatment or other measures taken by the claimant to alleviate symptoms. Sarli v. Berryhill, 817 F. App’x 916, 918 (11th Cir. 2020) (citing 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3)). The ALJ is to consider these factors in light of the other evidence in the record. Id. (citing §§ 404.1529(c)(4), 416.929(c)(4)). ... Here, the ALJ discussed specific parts of Claimant's testimony he found inconsistent with the objective medical evidence, such as the severity of her migraines. R. 17-18. While the ALJ’s decision could have been more carefully crafted to clarify each precise inconsistency, upon review of the record as a whole, the Court finds that the ALJ’s credibility finding is sufficiently articulated and is supported by substantial evidence in the record. Sarli, 817 F. App’x at 918. As such, the Court finds no reason to disturb that decision on review.

Section 404.1529(c)(3) requires consideration of other relevant information when reported pain or other symptoms suggest greater impairment severity than objective medical evidence alone shows.

Abrams v. Commissioner of Social Security · filed 2021-07-06(c)(3)

When, as in this case, the reported pain and/or other symptoms suggest an impairment of greater severity than can be shown by objective medical evidence, the Administrative Law Judge will consider other information which may be relevant to the degree of pain alleged. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). ... The ALJ’s analysis went chronologically through all the information in the record to create a timeline regarding Plaintiff’s care, and the ALJ explicitly discussed Plaintiff’s claims of back and spine pain, hand injuries, and the resulting treatment (Tr. 20-24). The ALJ’s decision cited the medical evidence to substantiate the determination, and Plaintiff has not shown evidence sufficient to warrant discarding the ALJ’s decision. Therefore, the ALJ appropriately considered the pain and other symptoms present, and the ALJ’s finding regarding Plaintiff’s subjective pain complaints is supported by substantial evidence. Thus, Plaintiff is not entitled to relief under this challenge.

Section 404.1529(c)(3)(iv) requires an ALJ evaluating symptom severity to consider the type, dosage, effectiveness, and side effects of pain medication, including whether powerful medication and invasive treatment support the alleged pain.

Gross v. Commissioner of Social Security · filed 2021-07-07(c)(3)(iv)

Another factor an ALJ must consider in evaluating the severity of claimants’ symptoms and limitations is the “type, dosage, effectiveness, and side effects of any medication [the claimants] take or have taken to alleviate [their] pain or other symptoms.” 20 C.F.R. § 404.1529(c)(3)(iv). Here, the ALJ acknowledged that Mr. Gross took multiple medications and received injections in his back but did not acknowledge the strength of the medications prescribed to Mr. Gross, such as oxycodone, Percocet and Flexeril or that he had received a spinal cord stimulator implanted (after last date insured), which are consistent with severe pain. (R. 48, 51, 308, 357, 448). See, e.g., Carradine v. Barnhart, 360 F.3d 751, 755 (7th Cir. 2004) (claimant unlikely to successfully fool physicians into prescribing powerful medications only to bolster claimant's application for disability benefits). The ALJ referenced Mr. Gross’ muscle strength in his lower extremities as being intact. (R. 14, 16). The ALJ also notes that the pain management treatment records generally provide that Mr. Gross had an antalgic gait without specifying the degree of severity, with one noting it was only mildly antalgic. (R. 16). However, the ALJ does not explain why muscle strength or a mild antalgic gait correlates to Mr. Gross’ pain not being as persistent or intense as he testified. Lastly, the ALJ lists multiple pieces of medical evidence regarding Mr. Gross’ objective medical conditions and imaging that he notes as “generally largely negative but revealed fairly consistent back tenderness.” (Id.) Yet, the ALJ fails to provide any explanation how this medical evidence is inconsistent with Mr. Gross’ subjective symptom testimony. The ALJ did not provide specific reasons, supported by substantial evidence, why the record is inconsistent with Mr. Gross’ testimony and therefore the Court cannot assess how the ALJ evaluated the symptoms and remand is required. Pepper, 712 F.3d at 367; Myles, 582 F.3d at 676.

Section 404.1529(c)(3) requires an ALJ assessing symptom allegations to consider daily activities, the nature and intensity of symptoms, aggravating factors, medication, and other treatment or relief measures.

Shearer v. Saul · filed 2021-07-13(c)(3)

The ruling also incorporates the regulations, 20 C.F.R. §§ 404.1529(c)(3) and 416.929(c)(3) and identifies the factors to be considered when assessing a claimant's allegations. Specifically, the ALJ should consider 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 or measures used for the relief of pain and other symptoms. Id. ... The Court finds that that the ALJ’s analysis of Plaintiff’s subjective statements was not supported by substantial evidence, and it cannot be determined if the ALJ in this case properly considered the record as a whole in his analysis. Accordingly, remand is required.

Section 404.1529(c)(3) requires consideration of objective evidence, work history, daily activities, symptom characteristics, aggravating factors, medication, treatment, and functional restrictions, but does not require an express discussion of every factor.

Higgins v. Social Security Administration · filed 2021-07-15(c)(3)

An ALJ need not explicitly discuss each factor, and he may decline to credit a claimant's subjective complaints if the evidence as a whole is inconsistent with the claimant's testimony. Id. In this case, the ALJ asked Higgins about her daily activities, her work history, effectiveness of medications, and her tendency to continue to smoke in spite of having COPD and using two inhalers. (Tr. at 35-50). He discussed the objective medical evidence and the medical opinions. No doctor placed any functional restrictions on Higgins. The ALJ properly weighed Higgins’s subjective complaints against the balance of the evidence, and found that her subjective assertions were outsized.

Section 404.1529(c)(3)(i)–(vi) requires consideration of specified symptom factors, but an ALJ need not expressly discuss every factor when sufficiently specific reasons show consideration of the entire record.

Tuzzolino v. Commissioner of Social Security · filed 2021-07-26(c)(3)(i)-(vi)

Specifically, in addition to the objective medical evidence, the ALJ must consider the following factors: “1) daily activities; 2) location, duration, frequency and intensity of any symptoms; 3) precipitating and aggravating factors; 4) type, dosage, effectiveness and side effects of any medications taken; 5) other treatment received; and 6) other measures taken to relieve symptoms.” F.S. v. Astrue, No. 1:10-CV-444, 2012 WL 514944, at *19 (N.D.N.Y. Feb. 15, 2012) (citing 20 C.F.R. § 404.1529(c)(3)(i)-(vi)). ... Ultimately, the ALJ explicitly acknowledged consideration of 20 C.F.R. § 404.1529 when making her credibility determination, (Tr. at 15), and it is evident from her thorough discussion that the determination was supported by substantial evidence and free from legal error. See Britt v. Astrue, 486 F. App’x 161, 164 (2d Cir. 2012) (finding explicit mention of 20 C.F.R. § 404.1529 and the applicable Social Security Rulings as evidence that the ALJ used the proper legal standard in assessing the claimant’s credibility); see also Judelsohn v. Astrue, No. 11-CV-388S, 2012 WL 2401587, at *6 (W.D.N.Y. June 25, 2012) (“Failure to expressly consider every factor set forth in the regulations is not grounds for remand where the reasons for the ALJ’s determination of credibility are sufficiently specific to conclude that he considered the entire evidentiary record.” (internal quotation marks, alteration, and citation omitted)).

Section 404.1529(c) does not require an ALJ to discuss every symptom-evaluation factor expressly when the ALJ’s reasoning and adherence to the regulation are clear.

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

Here, although the ALJ did not explicitly evaluated every factor outlined in 20 C.F.R. §§ 404.1529(c), 416.929(c), the ALJ’s adherence to the regulations was clear and her determination supported by substantial evidence.

Section 404.1529(c)(1)–(3) requires an ALJ evaluating alleged symptoms to assess whether the claimant’s description is consistent with medical evidence, daily activities, medication, treatment, and other relevant factors.

Childs v. Kijakazi · filed 2021-08-09(c)(1)-(3)

When an ALJ evaluates a claimant’s alleged symptoms, the ALJ must ascertain whether the individual’s description is consistent with the medical evidence in the record, along with the individual’s daily activities, medication, treatment, and other factors. 20 C.F.R. §§ 404.1529(c)(1)–(3); 416.929(c)(1)–(3). ... Taken together, this is substantial evidence that any headaches Plaintiff suffers due to his degenerative disc disease and related neck problems are not disabling, are adequately controlled by treatment, and do not warrant an additional limitation in Plaintiff’s RFC. Thus, this argument is not a basis for reversal.

Section 404.1529(c)(3) requires consideration of relevant symptom factors but not a formalistic factor-by-factor recitation when the ALJ identifies the specific evidence supporting the consistency finding.

Stevens v. Social Security Administration · filed 2021-08-09(c)(3)

Factors the ALJ should consider include the claimant’s attempts to find relief and willingness to try any treatment prescribed; a claimant’s regular contact with a doctor; the possibility that psychological disorders combine with physical problems; the claimant’s daily activities; and the dosage, effectiveness, and side effects of the claimant’s medication. Keyes-Zachary v. Astrue, 695 F.3d 1156, 1167 (10th Cir. 2012); see also SSR 16-3p at *7 (listing similar factors); 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). ... The ALJ “need not make a formalistic factor-by-factor recitation of the evidence,” so long as she sets forth the specific evidence she relies on. Keyes-Zachary, 695 F.3d at 1167 (quotations omitted). “[C]ommon sense, not technical perfection, is [the reviewing court’s] guide.” Id. ... In sum, having reviewed the record, the Court finds that the ALJ’s consistency analysis was sufficient and that his finding is supported by substantial evidence.

Section 404.1529(c)(3) requires consideration of relevant symptom factors but does not require discussion of every factor or every item of evidence when the ALJ acknowledges the factors and explains the evidence supporting the decision.

Charvat v. Commissioner of Social Security Administration · filed 2021-08-17(c)(3)

In conducting this analysis, the ALJ may consider several factors, including claimant’s efforts to alleviate her symptoms, the whether any treatment was effective, and any other factors concerning the claimant’s functional limitations and restrictions. SSR 16-3p, 2016 SSR LEXIS 4, at *15-19; 20 C.F.R. § 404.1529(c)(3); see also Temples v. Comm’r of Soc. Sec., 515 F. App’x 460, 462 (6th Cir. 2013) (stating that an ALJ properly considered a claimant’s ability to perform day-to-day activities in determining whether his testimony regarding his pain was credible). The regulations don’t require the ALJ to discuss each factor or each piece of evidence, but only to acknowledge the factors and discuss the evidence that supports her decision. ... And, although the ALJ wasn’t required to specifically discuss each of the regulatory factors in her decision, she specifically acknowledged that she considered Charvat’s subjective complaints “based on the requirements of 20 CFR 404.1529 and SSR 16-3p.” (Tr. 23); Renstrom, 680 F.3d at 1067; Simons, 114 F. App’x at 733.

Section 404.1529 uses a two-part symptom analysis: first asking whether an impairment could reasonably produce the alleged symptoms, and then evaluating their intensity, persistence, and functional limits using objective and other evidence and the enumerated factors.

Clark v. Commissioner of Social Security · filed 2021-09-29(c)(3)

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

Section 404.1529(c)(3) requires an ALJ evaluating symptom testimony to consider the claimant’s activities, symptom duration and intensity, aggravating factors, medication effects, treatment, and the record as a whole.

Jaramillo v. Commissioner of Social Security · filed 2021-10-01(c)(3)

When evaluating a claimant’s testimony, the ALJ should consider: “(1) the claimant’s daily activities; (2) the ‘duration, frequency, and intensity’ of the claimant’s symptoms; (3) ‘[p]recipitating and aggravating factors’; (4) the effectiveness and side effects of any medications; and (5) treatment or other measures taken by the claimant to alleviate symptoms.” Id. (quoting 20 C.F.R. §§ 404.1529(c), 416.929(c)(3)). The ALJ must consider these factors given all of the evidence of record.

Section 404.1529(c)(3) directs consideration of daily activities, symptom characteristics and triggers, medication effects, treatment, symptom-relief measures, and other functional limitations when evaluating symptoms.

Platt v. Kijakazi · filed 2021-10-08(c)(3)

When evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms, the following factors should be considered: (1) daily activities; (2) the location, duration, frequency, and intensity of pain or other symptoms; (3) factors that precipitate and aggravate the symptoms; (4) the type, dosage, effectiveness, and side effects of any medication an individual takes or has taken to alleviate pain or other symptoms; (5) treatment, other than medication, an individual receives or has received for relief of pain or other symptoms; (6) any measures other than treatment an individual uses or has used to relieve pain or other symptoms; and (7) any other factors concerning an individual’s functional limitations and restrictions due to pain or other symptoms. Id. at *7–8; 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3). ... The ALJ provided clear and convincing reasons supported by substantial evidence in the record to discount Plaintiff’s subjective symptom testimony.

Section 404.1529 uses a two-part symptom process and requires consideration of objective and other evidence, including activities, symptom characteristics, medication, treatment, relief measures, and other functional restrictions.

Biederman v. Commissioner of Social Security · filed 2021-11-24(c)(3)

Title 20 C.F.R. § 404.1529 and Social Security Ruling 16-3p, 2016 WL 1119029, *3 (March 16, 2016) describe a two-part process for evaluating an individual’s subjective statements about symptoms, including pain. First, the ALJ must determine whether a claimant has a medically determinable physical or mental impairment that can reasonably be expected to produce the symptoms alleged; second, the ALJ must evaluate the intensity, persistence, and functional limitations of those symptoms by considering objective medical evidence and other evidence, including: (1) daily activities; (2) the location, duration, frequency, and intensity of pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication taken to alleviate pain or other symptoms; (5) treatment, other than medication, received for relief of pain or other symptoms; (6) any measures used to relieve pain or other symptoms; and (7) other factors concerning functional limitations and restrictions due to pain or other symptoms. See also 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) directs an ALJ evaluating the limiting effects of pain to consider activities, pain characteristics and triggers, medication, and other pain-relief measures.

Schneck v. Social Security Administration, Commissioner · filed 2021-11-29(c)(3)

An ALJ should consider a number of factors when determining the limiting effects of a claimant’s pain, including the claimant’s daily activities, the location and duration of the pain, any precipitating and aggravating factors, any medication the claimant takes to relieve the pain, and any measures the claimant uses to relieve the pain. 20 C.F.R. § 404.1529(c)(3). ... Having reviewed the entire record, the Court finds that the ALJ’s articulated reasons for discounting Schneck’s testimony are supported by substantial evidence. The ALJ therefore did not improperly discredit her testimony.

Section 404.1529(c)(3) requires evaluation of activities, symptom characteristics and triggers, medication effects, treatment, and other symptom-relief measures at the second stage of symptom analysis.

BALDRIDGE v. KIJAKAZI · filed 2021-11-29(c)(3)

At stage two of the Social Security Ruling 16-3p analysis, the ALJ considers the claimant's alleged symptoms in light of the claimant's daily activities; the location, duration, frequency, and intensity of the symptoms; precipitating and aggravating factors; the type, dosage, effectiveness, and side effects of medication; treatment other than medication for relief of symptoms; and other measures taken to relieve symptoms. 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c) requires examination of the entire record and the listed symptom factors, including inconsistencies between the claimant’s statements and other evidence.

WEAVER v. KIJAKAZI · filed 2021-12-15(c)

In considering the intensity, persistence, and limiting effects of an individual's symptoms, the ALJ will 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. SSR 16-3p. Additionally, the ALJ will also consider daily activities; the location, duration, frequency, and intensity of pain or other symptoms; factors that precipitate and aggravate the symptoms; the type, dosage, effectiveness, and side effects of any medication an individual takes or has taken to alleviate pain or other symptoms; treatment, other than medication, an individual receives or has received for relief of pain or other symptoms; any measures other than treatment an individual uses or has used to relieve pain or other symptoms; and any other factors concerning an individual’s functional limitations and restrictions due to pain or other symptoms. 20 C.F.R. §§404.1529(c), 416.929(c). The ALJ will also look at inconsistencies between the claimant's statements and the evidence presented. Id.

Section 404.1529(c) requires consideration of the entire case record, the listed symptom factors, and inconsistencies between a claimant’s statements and the evidence.

BENES v. COMMISSIONER OF SOCIAL SECURITY · filed 2021-12-23(c)

After a review of the record, I find that the ALJ followed the proper method as set forth above.

Section 404.1529(c)(3)’s “other evidence” includes claimant statements and information about daily activities, symptom descriptions, and treatment history.

Brant v. Commissioner Social Security Administration · filed 2021-12-27(c)(3)

“Other evidence” factors are identified in the regulations as a single list that includes three primary domains: claimant’s activities of daily living (“ADLs”); claimant’s reported descriptions of symptoms; and claimant’s treatment history.

Section 404.1529(c)(3) requires a two-part symptom process using objective and other evidence, including activities, symptom characteristics, medication, treatment, relief measures, and other functional restrictions.

Johnson v. Commissioner of Social Security · filed 2022-01-12(c)(3)

Title 20 C.F.R. § 404.1529 and Social Security Ruling 16-3p, 2016 WL 1119029, *3 (March 16, 2016) describe a two-part process for evaluating an individual’s subjective statements about symptoms, including pain. First, the ALJ must determine whether a claimant has a medically determinable physical or mental impairment that can reasonably be expected to produce the symptoms alleged; second, the ALJ must evaluate the intensity, persistence, and functional limitations of those symptoms by considering objective medical evidence and other evidence, including: (1) daily activities; (2) the location, duration, frequency, and intensity of pain or other symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication taken to alleviate pain or other symptoms; (5) treatment, other than medication, received for relief of pain or other symptoms; (6) any measures used to relieve pain or other symptoms; and (7) other factors concerning functional limitations and restrictions due to pain or other symptoms. See also 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) requires consideration of all evidence relating to subjective complaints, including activities, symptom characteristics, medication, and functional restrictions.

Dillon v. Saul · filed 2022-01-25(c)(3)

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

Section 404.1529(c)(3) recognizes that symptoms may exceed what objective evidence alone shows and lists activities, symptom characteristics, medication, treatment, relief measures, and other restrictions as evaluation factors.

Kelley v. Social Security Administration · filed 2022-01-25(c)(3)

Of note, the regulations acknowledge that sometimes a claimant’s symptoms are more severe “than can be shown by objective medical evidence alone.” § 404.1529(c)(3). Because “symptoms, such as pain, are subjective and difficult to quantify,” the regulations outline several factors that it may consider in evaluating such symptoms including: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of a claimant’s symptoms; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medications a claimant takes to alleviate her symptoms; (5) treatments, other than medication, the a claimant receives or has received for relief of her symptoms; (6) any measures the claimant takes to relieve her symptoms; and (7) any other factor that concerns the claimant’s functional limitations and restrictions. 20 C.F.R. § 404.1529(c)(3)(i)-(vii).

Section 404.1529(c)(3)(i) through (vi) requires consideration of activities, symptom characteristics, triggers, medication side effects, and treatment or relief measures when evaluating subjective symptoms.

Garcia v. Commissioner of Social Security · filed 2022-01-27(c)(3)(i)–(vi)

“When evaluating a claimant's subjective symptoms, the ALJ must consider such things as: (1) the claimant's daily activities; (2) the nature, location, onset, duration, frequency, radiation, and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) adverse side-effects of medications; and (5) treatment or measures taken by the claimant for relief of symptoms.” Davis v. Astrue, 287 F. App'x 748, 760 (11th Cir. 2008) (citing 20 C.F.R. § 404.1529(c)(3)(i)-(vi)).

Section 404.1529(c)(3) requires an ALJ to consider daily activities, symptom severity, aggravating factors, medication, treatment, and limitations and to justify the symptom finding with specific reasons.

Fletcher v. Commissioner of Social Security · filed 2022-02-01(c)(3)

In 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.”

Section 404.1529 requires the symptom factors to be analyzed and considered in light of the claimant’s subjective pain complaints.

Horton v. Social Security Administration Commissioner · filed 2022-02-25

The factors must be analyzed and considered in light of the claimant’s subjective complaints of pain. See id.

Section 404.1529(c)(3)(i) through (vi) requires consideration of activities, symptom characteristics, triggers, medication side effects, and treatment or relief measures.

Young v. Commissioner of Social Security · filed 2022-02-28(c)(3)(i)–(vi)

“When evaluating a claimant's subjective symptoms, the ALJ must consider such things as: (1) the claimant's daily activities; (2) the nature, location, onset, duration, frequency, radiation, and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) adverse side-effects of medications; and (5) treatment or measures taken by the claimant for relief of symptoms.” Davis v. Astrue, 287 F. App'x 748, 760 (11th Cir. 2008) (citing 20 C.F.R. § 404.1529(c)(3)(i)-(vi)).

Section 404.1529(c)(3)(i)–(vi) requires consideration of daily activities, symptom characteristics, precipitating and aggravating factors, medication side effects, and treatment or other relief measures.

Rosado v. Commissioner of Social Security · filed 2022-03-02(c)(3)(i)–(vi)

“When evaluating a claimant's subjective symptoms, the ALJ must consider such things as: (1) the claimant's daily activities; (2) the nature, location, onset, duration, frequency, radiation, and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) adverse side-effects of medications; and (5) treatment or measures taken by the claimant for relief of symptoms.”

Section 404.1529(c) requires consideration of objective evidence, activities, pain characteristics and triggers, medication, other treatment, and relief measures when evaluating subjective pain.

Speed v. Commissioner of Social Security · filed 2022-03-08(c)

To do this, the ALJ needs to consider the objective medical evidence and factors of his daily activities; the location, duration, frequency, and intensity of his pain; factors that precipitate or aggravate the pain; the type, dosage, effectiveness, and side effects of medication Plaintiff received; other forms of treatment; other measures Plaintiff used to relieve pain or other symptoms, 20 C.F.R. § 404.1529(c).

Section 404.1529(c)(3)–(4) requires consideration of objective evidence, symptom characteristics, daily activities, aggravating factors, medication, treatment, relief measures, and conflicts with other evidence when evaluating symptoms’ effect on work.

Davis v. Social Security Administration, Commissioner · filed 2022-03-11(c)(3), (4)

In evaluating the extent to which the Plaintiff’s symptoms, such as pain, affect her capacity to perform basic work activities, the ALJ will consider (1) objective medical evidence, (2) the nature of Plaintiff’s symptoms, (3) the Plaintiff’s daily activities, (4) precipitating and aggravating factors, (5) the effectiveness of medication, (6) treatment sought for relief of symptoms, (7) any measures the Plaintiff takes to relieve symptoms, and (8) any conflicts between a Plaintiff’s statements and the rest of evidence.

Section 404.1529(c)(3)–(4) permits evaluation of subjective complaints using daily activities, treatment type and effectiveness, and objective medical evidence.

Naylor v. Social Security Administration, Commissioner of · filed 2022-03-14(c)(3)–(4)

Such an evaluation of plaintiff’s subjective complaints is consistent with the governing legal standard. See 20 C.F.R. § 404.1529(c)(3)–(4) (explaining that an evaluation of a claimant’s symptoms includes considering factors such as daily activities, the type and effectiveness of treatment, and objective medical evidence).

Section 404.1529(c)(3)(iii) requires an ALJ to consider and discuss evidence of a factor that precipitated and aggravated a claimant’s symptoms.

Dominguez-McDonough v. Commissioner of Social Security · filed 2022-03-14(c)(3)(iii)

The same reasoning holds here. To the extent that Plaintiff has presented evidence that the death of her husband was a factor that precipitated and aggravated her symptoms, the ALJ was required both to consider and to discuss that factor. It is not immediately clear to the Court whether any such evidence was previously presented to the ALJ, however, as such evidence was included in Plaintiff’s submission to the Appeals Council and is now part of the record, see R. at 39, 40, 442–49, on remand the ALJ must consider and discuss it.

Section 404.1529(c)(3) requires assessment of activities, symptom characteristics, triggers, medication, treatment, relief measures, and other restrictions.

Ablan-Woodrow v. Commissioner of Social Security · filed 2022-03-17(c)(3)

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

Section 404.1529(c)(3) requires consideration of activities, symptom characteristics, medication, treatment, and relief measures at the second stage of symptom analysis.

GREGORY v. KIJAKAZI · filed 2022-03-18(c)(3)

At step two of the Rule 16-3p analysis, the ALJ considers the claimant's subjective symptom allegations in light of the claimant's daily activities; the location, duration, frequency, and intensity of pain and limiting effects of other symptoms; precipitating and aggravating factors; the type, dosage, effectiveness, and side effects of medication; treatment other than medication for relief of pain; and other measures taken to relieve pain. 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 requires application of the Polaski symptom factors, including activities, pain characteristics, triggers, medication effects, and functional restrictions.

Wade v. Social Security Administration Commissioner · filed 2022-03-21

The factors to consider are as follows: (1) the claimant’s daily activities; (2) the duration, frequency, and intensity of the pain; (3) the precipitating and aggravating factors; (4) the dosage, effectiveness, and side effects of medication; and (5) the functional restrictions. See Polaski, 739 at 1322.

Section 404.1529(c)(3)–(4) requires consideration of objective evidence, symptom characteristics, daily activities, aggravating factors, medication, treatment, relief measures, and conflicts with other evidence when evaluating symptoms’ effect on work.

Mayweather v. Social Security Administration, Commissioner · filed 2022-03-22(c)(3), (4)

In evaluating the extent to which a claimant’s symptoms affect her capacity to perform basic work activities, the ALJ will consider (1) objective medical evidence, (2) the nature of a claimant’s symptoms, (3) the claimant’s daily activities, (4) precipitating and aggravating factors, (5) the effectiveness of medication, (6) treatment sought for relief of symptoms, (7) any measures the claimant takes to relieve symptoms, and (8) any conflicts between a claimant’s statements and the rest of the evidence.

Section 404.1529(c) requires an ALJ to consider daily activities, symptom severity, aggravating factors, medication, treatment, and limitations and to justify the symptom finding with specific reasons.

ARTHUR v. KIJAKAZI · filed 2022-03-22(c)

In evaluating the 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 20 CFR § 404.1529(c); SSR 16-3p.

When alleged pain and other symptoms suggest greater severity than objective evidence shows, § 404.1529(c)(3)–(4) calls for consideration of daily activities, treatment frequency, evidentiary inconsistencies, medication, and other relevant information.

Cook v. Commissioner of Social Security · filed 2022-03-22(c)(3), (4)

When the reported pain and other symptoms suggest an impairment or impairments of greater severity than can be shown by objective medical evidence, the Administrative Law Judge should consider other information and factors such as daily activities, frequency of treatment, inconsistencies in the evidence, and medication prescribed which may be relevant to the degree of pain alleged. 20 C.F.R. §§ 404.1529(c)(3) and (4), 416.929(c)(3) and (4).

Section 404.1529(c) requires additional consideration of activities, symptom characteristics, medication, treatment, and relief measures when medical evidence alone does not fully support symptom testimony.

Koehler v. Commissioner of Social Security · filed 2022-03-24(c)

If the claimant’s testimony concerning the intensity, persistence or functional limitations associated with his pain is not fully supported by medical evidence alone, the ALJ must consider additional factors in order to assess that testimony, including: 1) daily activities; 2) location, duration, frequency and intensity of any symptoms; 3) precipitating and aggravating factors; 4) type, dosage, effectiveness and side effects of any medications taken; 5) other treatment received; and 6) other measures taken to relieve symptoms. See 20 C.F.R. §§ 404.1529(c), 416.929(c).

When objective medical evidence does not substantiate alleged symptoms, § 404.1529(c)(3) requires the ALJ to carefully consider the other evidence, including the seven regulatory symptom factors.

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

The ALJ must “‘carefully consider’” all the evidence presented by claimants regarding their symptoms, which fall into seven relevant factors including ‘daily activities’ and the ‘location, duration, frequency, and intensity of [their] pain or other symptoms.’” ... If the objective medical evidence does not substantiate the claimant’s symptoms, the ALJ must consider the other evidence.

Section 404.1529(c)(3) requires consideration of activities, pain duration and intensity, triggers, medication, and functional restrictions.

Porter v. Kijakazi · filed 2022-03-31(c)(3)

Such evaluation includes consideration of “(i) the claimant’s daily activities; (ii) the duration, frequency, and intensity of the claimant’s pain; (iii) precipitating and aggravating factors; (iv) the dosage, effectiveness, and side effects of medication; and (v) the claimant’s functional restrictions.” Vance v. Berryhill, 860 F.3d 1114, 1120 (8th Cir. 2017); see 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3); SSR 16-3p, 2016 WL 1119029, at *7.

Section 404.1529 requires the ALJ to evaluate symptom intensity and persistence using objective evidence, claimant statements, medical and nonmedical source statements, daily activities, treatment, medication, aggravating factors, and limitations.

Johnson v. Commissioner of Social Security · filed 2022-04-06(a), (c)(3)

In evaluating the intensity, persistence, and limiting effects of symptoms, the ALJ must consider the objective medical evidence, the claimant’s statements of the symptoms’ intensity, persistence and limiting effects, medical source statements, non-medical source statements, as well as the other relevant factors set forth in 20 C.F.R. 404.1529(c)(3). ... The ALJ must give “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.”

Section 404.1529(c)(3) requires the seven symptom factors to be evaluated consistently with objective and other evidence, and the resulting assessment must be supported by substantial evidence.

Gibson v. Social Security Administration · filed 2022-04-11(c)(3)

This evaluation is based on seven factors: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the alleged pain or other symptoms; (3) any precipitating or aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication the claimant uses; (5) the claimant’s non-medication treatment; (6) any measures other than treatment the claimant employs to relieve pain or other symptoms; and (7) other factors concerning the claimant’s functional limitations and restrictions due to pain or other symptoms. ... While the ALJ’s findings in this regard are entitled to “great weight and deference,” the ALJ’s assessment must nevertheless “be supported by substantial evidence.”

Section 404.1529(c) requires specific, record-supported reasons and consideration of objective evidence, activities, symptoms, medication, treatment, and restrictions.

Givens v. Saul · filed 2022-04-21(c)

An ALJ must justify his 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(c)(3) requires consideration of daily activities, symptom characteristics, aggravating factors, medication, treatment, relief measures, and functional restrictions when evaluating subjective symptoms.

Arguello v. Commissioner of Social Security · filed 2022-05-04(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.

Section 404.1529(c)(1) and (3) require an ALJ to evaluate symptom intensity and persistence and consider daily activities, symptom characteristics, aggravating factors, medication, treatment, and relief measures.

MARISH v. O'MALLEY · filed 2022-05-05(c)(1), (3)

Once established, the ALJ must “evaluate the intensity and persistence of those symptoms to determine the extent to which the symptoms limit an individual's ability to perform work-related activities.” Id.; 20 CFR § 404.1529(c)(1). ... The ALJ must then consider the claimant's alleged symptoms in light of her 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 medication; treatment other than medication for relief of pain; and other measures taken to ... relieve pain.

Section 404.1529(c)(3) permits consideration of activities, symptom intensity, triggers, medication, treatment, and relief measures.

Williams v. Saul · filed 2022-05-19(c)(3)

When evaluating a plaintiff’s symptoms, the factors the ALJ may consider include daily activities, intensity of pain and other symptoms, precipitating and aggravating factors, medications and their side effects, treatment received, and any other measures used to relieve symptoms. 20 C.F.R. § 404.1529(c)(3).

Section 404.1529 requires application of the Polaski factors to subjective complaints.

Camp v. Social Security Administration Commissioner · filed 2022-05-20

The Court notes that in assessing the credibility of a claimant, the ALJ is required to examine and to apply the five factors from Polaski v. Heckler, 739 F.2d 1320 (8th Cir. 1984) or from 20 C.F.R. § 404.1529 and 20 C.F.R. § 416.929.

Section 404.1529 requires application of the Polaski factors to subjective complaints.

Dawson v. Social Security Administration Commissioner · filed 2022-05-20

The Court notes that in assessing the credibility of a claimant, the ALJ is required to examine and to apply the five factors from Polaski v. Heckler, 739 F.2d 1320 (8th Cir. 1984) or from 20 C.F.R. § 404.1529 and 20 C.F.R. § 416.929.

Sections 404.1529(c)(1) and (3) require an ALJ to evaluate symptom intensity and persistence and consider daily activities, symptom characteristics, aggravating factors, medication, treatment, and relief measures.

THOMPSON v. KIJAKAZI · filed 2022-05-27(c)(1), (3)

Once established, the ALJ must “evaluate the intensity and persistence of those symptoms to determine the extent to which the symptoms limit an individual's ability to perform work-related activities.” Id.; 20 CFR § 404.1529(c)(1). ... The ALJ must then consider the claimant's alleged symptoms in light of her 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 medication; treatment other than medication for relief of pain; and other measures taken to relieve pain.

Section 404.1529(c) permits objective evidence, treatment intensity, hospitalization history, daily activities, and pain-relief treatment to be considered together, although some of those factors would be insufficient standing alone.

Wheeler v. Kijakazi · filed 2022-06-06(c)

The Court agrees that second, third, and fourth reasons the ALJ provided would be insufficient standing alone to support an adverse credibility finding. ... They were, however, legitimate factors for the ALJ to consider when assessing Petitioner’s credibility as a whole. See 20 C.F.R. § 404.1529(c) (an ALJ evaluates a claimant’s pain testimony by considering, among other things, the objective medical evidence, the claimant’s daily activities, and any pain relief treatment the claimant has received).

Section 404.1529(c)(3) requires careful consideration of all symptom evidence and the seven listed factors.

Clark v. Kijakazi · filed 2022-06-10(c)(3)

The ALJ must “‘carefully consider’” all the evidence presented by claimants regarding their symptoms, which fall into seven relevant factors including ‘daily activities’ and the ‘location, duration, frequency, and intensity of [their] pain or other symptoms.’” Del Carmen Fernandez v. Berryhill, No. 18-CV-326, 2019 WL 667743, at *9 (S.D.N.Y. Feb. 19, 2019) (citing 20 C.F.R. § 404.1529(c)(3); Social Security Ruling (SSR) 16-3p, Titles II and XVI: Evaluation of Symptoms in Disability Claims, 81 FR 14166-01 at 14169-70, 2016 WL 1020935 (Mar. 16, 2016)).

Section 404.1529 requires application of the Polaski factors to subjective allegations.

Rogers v. Social Security Administration Commissioner · filed 2022-06-13

In assessing the subjective allegations of a claimant, the ALJ is required to examine and to apply the five factors from Polaski v. Heckler, 739 F.2d 1320 (8th Cir. 1984) or from 20 C.F.R. § 404.1529 and 20 C.F.R. § 416.929.

Section 404.1529(c)(3) directs an ALJ evaluating symptom allegations to consider daily activities, symptom characteristics and triggers, medication and other treatment, relief measures, and other resulting limitations.

Park v. Social Security Administration, Commissioner of · filed 2022-06-17(c)(3)

The Commissioner has promulgated regulations suggesting relevant factors to be considered in evaluating a claimant’s allegations of symptoms which overlap and expand upon the factors stated by the court: Daily activities; location, duration, frequency, and intensity of symptoms; factors precipitating and aggravating symptoms; type, dosage, effectiveness, and side effects of medications taken to relieve symptoms; treatment for symptoms; measures plaintiff has taken to relieve symptoms; and other factors concerning limitations or restrictions resulting from symptoms. 20 C.F.R. §§ 404.1529(c)(3)(i-vii), 416.929(c)(3)(i-vii).

Section 404.1529(c)(3) requires consideration of daily activities, symptom characteristics, aggravating factors, medication, treatment, symptom-relief measures, and other functional factors, but the ALJ need not discuss every possible factor.

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

The ALJ must consider certain factors when evaluating a claimant’s alleged symptoms, including complaints of pain. Those factors are: (i) the claimant’s daily activities; (ii) the location, duration, frequency, and intensity of the pain or other symptoms; (iii) precipitating and aggravating factors; (iv) the type, dosage, effectiveness, and side effects of any medication the claimant takes or has taken to alleviate the pain or other symptoms; (v) treatment, other than medication, a claimant receives or has received for relief of pain or other symptoms; (vi) any measures the claimant takes or has taken to relieve the 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. The decision need not contain discussion and citations as to every possible factor to be sufficiently specific.

An ALJ must consider the listed symptom factors and compare the claimant’s statements about symptom intensity, persistence, and limiting effects with all other evidence and the record as a whole.

Thompkins v. Kijakazi (CONSENT) · filed 2022-07-06(c)(3), (c)(4)

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

An ALJ evaluates all symptoms, including pain, by deciding how far they can reasonably be accepted as consistent with objective medical evidence and the other record evidence.

Santiago v. Commissioner of Social Security · filed 2022-07-06

Adjudicators, as the regulations dictate, 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. ... Along the way, the ALJ articulated adequate reasons for not giving full weight to the Plaintiff’s complaints of pain.

Section 404.1529(c)(3) evaluates symptom statements for consistency with objective and other evidence using seven factors covering activities, symptom characteristics and triggers, medication, other treatment, relief measures, and other functional restrictions.

Greene v. Kijakazi · filed 2022-07-11(c)(3)

The Commissioner later incorporated this standard into Social Security Ruling (“SSR”) 16-3p, which mandates that the ALJ consider a claimant’s “statements about the intensity, persistence, and limiting effects of the symptoms” and “evaluate whether the statements are consistent with objective medical evidence and other evidence.” 2017 WL 5180304, at *6 (October 25, 2017). This evaluation is based on seven factors that include: (1) the claimant’s daily activities; (2) the location, duration, frequency, and intensity of the alleged pain or other symptoms; (3) any precipitating or aggravating factors; (4) the type, dosage, effectiveness, and side effects of any medication the claimant uses; (5) the claimant’s non-medication treatment; (6) any measures other than treatment the claimant employs to relieve pain or other symptoms; and (7) other factors concerning the claimant’s functional limitations and restrictions due to pain or other symptoms. Id. at *7-8 (citing 20 C.F.R. § 404.1529(c)(3)).

Section 404.1529(c)(3) requires an ALJ to consider all evidence bearing on subjective complaints, including activities, symptom characteristics, aggravating factors, medication, and restrictions, and to specifically demonstrate that consideration.

Virant v. Saul · filed 2022-07-19(c)(3)

When determining the credibility of a claimant’s subjective complaints, the ALJ must consider all evidence relating to the complaints, including the claimant’s daily activities; the duration, frequency and intensity of the symptoms; any precipitating and aggravating factors; the dosage, effectiveness and side effects of medication; and any functional restrictions. 20 C.F.R. § 404.1529(c)(3); SSR 16-3p; Halverson v. Astrue, 600 F.3d 922, 931 (8th Cir. 2010); Polaski, 739 F.2d at 1322. ... It is not enough that the record contains inconsistencies. Instead, the ALJ must specifically demonstrate in his decision that he considered all of the evidence. ... The ALJ acknowledged plaintiff’s reported symptoms and went on to weigh these allegations against the evidence of record as required by 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) requires consideration of activities, symptom characteristics and triggers, medication effectiveness and side effects, and treatment or other relief measures in light of the other record evidence.

Fernandes v. Commissioner of Social Security · filed 2022-07-28(c)(3)

In evaluating a claimant’s testimony, the ALJ should consider: (1) the claimant’s daily activities; (2) the duration, frequency, and intensity of the claimant’s symptoms; (3) precipitating and aggravating factors; (4) the effectiveness and side effects of any medications; and (5) treatment or other measures taken by the claimant to alleviate symptoms. Sarli v. Berryhill, 817 F. App’x 916, 918 (11th Cir. 2020) (per curiam) (citing 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3)). “The ALJ is to consider these factors in light of the other evidence in the record.” Id. (citing §§ 404.1529(c)(4), 416.929(c)(4)).

Section 404.1529(c)(3)-(4) directs the ALJ to evaluate symptom intensity and persistence using objective evidence, symptom characteristics, activities, triggers, medication, treatment, relief measures, and inconsistencies with the rest of the evidence.

Elrod v. Social Security Administration, Commissioner · filed 2022-08-01(c)(3)-(4)

In evaluating the extent to which the Plaintiff’s symptoms, such as pain, affect his capacity to perform basic work activities, the ALJ will consider (1) objective medical evidence, (2) the nature of Plaintiff’s symptoms, (3) the Plaintiff’s daily activities, (4) precipitating and aggravating factors, (5) the effectiveness of medication, (6) treatment sought for relief of symptoms, (7) any measures the Plaintiff takes to relieve symptoms, and (8) any conflicts between a Plaintiff’s statements and the rest of evidence. See 20 C.F.R. §§ 404.1529(c)(3), (4), 416.929(c)(3), (4); SSR 16-3p.

Section 404.1529(c)(3) requires an ALJ to consider the listed symptom factors together with all record evidence and to give explicit, adequate reasons for discounting testimony.

Johns v. Commissioner of Social Security · filed 2022-08-01(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 of the evidence of record. Ross, 794 F. App’x 867. If the ALJ discredits this testimony, then the ALJ “‘must clearly articulate explicit and adequate reasons for’ doing so.” ... After considering Plaintiff’s medical condition as a whole, the ALJ found Plaintiff’s “medically determinable impairments could reasonably be expected to cause the alleged symptoms; however, the claimant’s statements concerning the intensity, persistence and limiting effects of these symptoms are not entirely consistent with the medical evidence and other evidence in the record.” (Tr. 21).

Section 404.1529(c)(3) requires consideration of the Avery symptom factors when pain allegations lack objective substantiation, but those factors do not exceed the factors listed in the regulation and SSR 16-3p.

Amanda B. v. Kijakazi · filed 2022-08-01(c)(3)

As reflected in SSR 16-3p and 20 C.F.R. § 404.1529(c)(3), when subjective allegations of pain are not substantiated by objective impairment-related symptoms, the Avery factors require examination of considerations capable of substantiating subjective complaints of pain including: (1) daily activities; (2) the location, duration, frequency, and intensity of the pain; (3) precipitating and aggravating factors; (4) the type, dosage, effectiveness and side effects of any medication taken to alleviate the pain or other symptoms; (5) treatment, other than medication, received for relief of pain; (6) any other measures used to relieve pain or other symptoms; and (7) any other factors relating to the claimant’s functional limitations and restrictions attributable to pain. ... The factors listed in 20 C.F.R. § 404.1529(c)(3)(i-vii) and SSR 16-3p are a verbatim replication of what this Court has summarized as constituting the Avery factors.

Section 404.1529(c)(3) requires consideration of the whole record and specified symptom factors; when an ALJ expressly considers those factors and gives good reasons for discounting more severe allegations, the determination should be upheld.

Pursell v. Commissioner of Social Security · filed 2022-08-02(c)(3)

When considering a claimant’s self-reported symptoms and limitations, the ALJ must evaluate whether the claimant’s subjective statements are consistent with and supported by the record as a whole. 20 C.F.R. § 404.1529(c); SSR 16-3p. ... When determining the credibility of a claimant’s subjective complaints, the ALJ must consider all evidence relating to the complaints, including the claimant’s daily activities; the duration, frequency and intensity of the symptoms; any precipitating and aggravating factors; the dosage, effectiveness and side effects of medication; and any functional restrictions. 20 C.F.R. § 404.1529(c)(3); SSR 16-3p; Halverson, 600 F.3d at 931; Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir.1984). Where an ALJ explicitly considers the relevant factors but then discredits a claimant’s complaints for good reason, the decision should be upheld. ... The ALJ properly evaluated both Dr. Bean’s medical opinions and Plaintiff’s subjective complaints here by discussing all of the relevant medical evidence, expressly considering the factors relevant to credibility determinations, and providing good reasons for partially discounting the more severe limitations alleged.

Section 404.1529 allows an ALJ assessing symptom statements to consider objective evidence, daily activities, medication effectiveness, and other treatment.

Kidd v. Commissioner, SSA · filed 2022-08-02(a), (c)

When considering a claimant’s allegations regarding symptoms, an ALJ considers factors such as the objective medical evidence, daily activities, effectiveness of medication, and treatment other than medication used to relieve symptoms. 20 C.F.R. § 404.1529(a), (c).

Section 404.1529 requires consideration of the entire record and seven symptom factors, and permits allegations inconsistent with objective and other evidence to be discounted when the ALJ provides a supported explanation.

Pringle v. Commissioner of the Social Security Administration · filed 2022-08-17(c)

Not until such underlying impairment is deemed established does the fact-finder proceed to the second step: consideration of the entire record, including objective and subjective evidence, to evaluate the intensity and persistence of symptoms to determine how symptoms limit capacity for work. See also 20 C.F.R. § 404.1529; SSR16-3p, *4. The ALJ may choose to reject a claimant’s testimony regarding his condition, but the ALJ must explain the basis for such rejection to ensure that the decision is sufficiently supported by substantial evidence. ... 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). An individual’s symptoms are evaluated based on consideration of objective medical evidence, an individual’s statements directly to the Administration, or to medical sources or other sources, and the following factors: ... SSR 16-3p, at *7; 20 C.F.R. § 404.1529(c).

Section 404.1529(c)(3) requires consideration of daily activities, symptom characteristics, aggravating factors, medication, treatment, relief measures, and functional restrictions.

Lieb v. Saul · filed 2022-08-15(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)).

Section 404.1529(c)(3) requires consideration of daily activities, symptom characteristics, triggers, medication side effects, and treatment or other relief measures.

Grant v. Commissioner of Social Security · filed 2022-08-26(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, location, onset, duration, frequency, radiation, and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) adverse side-effects of medications, and (5) treatment or measures taken by the claimant for relief of symptoms.” Davis v. Astrue, 287 F. App’x 748, 760 (11th Cir. 2008) (citing 20 C.F.R. § 404.1529(c)(3)(i)-(vi)).

Section 404.1529 requires consideration of all symptoms for reasonable consistency with objective and other evidence and directs consideration of activities, pain characteristics, medication, treatment, and relief measures.

DiMaggio v. Commissioner of Social Security · filed 2022-08-26(a), (c)(3)

In determining whether the claimant is disabled, the ALJ must “consider all [of the claimant's] symptoms, including pain, and the extent to which [the claimant's] symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence.” 20 C.F.R. § 404.1529(a); see Williams v. Sullivan, 970 F.2d 1178, 1186 (3d Cir. 1992) (plaintiff's “subjective complaints must be substantiated by medical evidence.”). ... Additionally, the ALJ should consider the claimant's daily activities; location, duration, frequency, and intensity of pain; precipitating and aggravating factors; type, dosage, effectiveness, and side effects of medications; treatment other than medication; and other measures the claimant uses to address the pain or other symptoms. 20 C.F.R. § 404.1529(c)(3).

Section 404.1529(c)(3) requires consideration of seven symptom factors when allegations are not substantiated by objective evidence.

Jackson v. Commissioner of Social Security · filed 2022-08-29(c)(3)

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)).

Section 404.1529(c)(1)-(3) permits consideration of activities, symptom characteristics, medication, treatment, and relief measures.

Treadwell v. Saul · filed 2022-09-06(c)(1)-(3)

When evaluating a plaintiff’s reports of her symptoms, in addition to the medical evidence, the ALJ may also consider a plaintiff’s daily activities, intensity of pain and other symptoms, precipitating and aggravating factors, medications and their side effects, treatment received, and any other measures used to relieve symptoms. 20 C.F.R. § 404.1529(c)(1-3).

Section 404.1529(c) requires specific record-supported reasons and consideration of medical evidence, activities, symptoms, treatment, and functional limitations.

Bezane v. Saul · filed 2022-09-06(c)

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

Section 404.1529(c)(3) requires consideration of work history, observations, symptom characteristics, medication, and functional restrictions.

Ryherd v. Kijakazi · filed 2022-09-06(c)(3)

ALJ must consider all evidence relating thereto, including the claimant’s prior work record and third-party observations as to her daily activities; the duration, frequency and intensity of the symptoms; any precipitating and aggravating factors; the dosage, effectiveness, and side effects of medication; and any functional restrictions. 20 C.F.R. § 404.1529(c)(3); Halverson v. Astrue, 600 F.3d 922, 931 (8th Cir. 2010); Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir. 1984).

Section 404.1529(c) permits consideration of medical findings, medication relief, activities, and work history when assessing work effects of symptoms.

Watson v. Social Security Administration, Commissioner of · filed 2022-09-06(c)

Pursuant to 20 C.F.R. § 404.1529(c) and SSR 16-3p, 2017 WL 5180304 (SSA Oct. 25, 2017), each of the foregoing are proper considerations in determining the extent to which Plaintiff’s symptoms affect her capacity to work.

Section 404.1529(c)(3) requires careful consideration of the seven symptom factors.

Weller v. Kijakazi · filed 2022-09-07(c)(3)

The ALJ must “‘carefully consider’” all the evidence presented by claimants regarding their symptoms, which fall into seven relevant factors including ‘daily activities’ and the ‘location, duration, frequency, and intensity of [their] pain or other symptoms.’”

Section 404.1529(c)(3) directs consideration of activities, symptom characteristics, aggravating factors, medication, treatment, relief measures, and other functional limitations when assessing subjective symptoms.

Griffin v. Commissioner of Social Security · filed 2022-09-08(c)(3)

In considering the consistency of the claimant’s subjective symptoms with the record as a whole, the ALJ considers: the claimant’s daily activities; the location, duration, frequency, and intensity of pain or other symptoms; precipitating and aggravating factors; medications and their side effects; non-medication treatments; any other measures used to relieve pain or other symptoms; and any other factors concerning the claimant’s functional limitations and restrictions due to pain and other symptoms. 20 C.F.R. § 404.1529(c)(3). ... Thus, Griffin fails to explain how the ALJ erred in her consideration of Griffin’s subjective symptoms.

In evaluating subjective symptoms, an ALJ may consider daily activities, symptom location, duration, frequency and intensity, aggravating factors, medication, and resulting functional restrictions.

Carey v. Social Security Administration, Commissioner · filed 2022-09-14(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), 416.929(c)(3), (4).

An ALJ must assess whether self-reported symptoms are consistent with the record as a whole and consider daily activities, symptom duration, frequency and intensity, aggravating factors, medication, and functional restrictions.

Ursery v. Kijakazi · filed 2022-09-14(c), (c)(3)

When considering a claimant’s self-reported symptoms and limitations, the ALJ must evaluate whether the claimant’s subjective statements are consistent with and supported by the record as a whole. 20 C.F.R. § 404.1529(c); SSR 16-3p. “The credibility of a claimant’s subjective testimony is primarily for the ALJ to decide, not the courts.” . Pearsall v. Massanari, 274 F.3d 1211, 1218 (8th Cir. 2001). I must defer to the ALJ’s credibility determinations “so long as such determinations are supported by good reasons and substantial evidence.” Vester v. Barnhart, 416 F.3d 886, 889 (8th Cir. 2005). When determining the credibility of a claimant’s subjective complaints, the ALJ must consider all evidence relating to the complaints, including the claimant’s daily activities; the duration, frequency and intensity of the symptoms; any precipitating and aggravating factors; the dosage, effectiveness and side effects of medication; and any functional restrictions. 20 C.F.R. § 404.1529(c)(3); SSR 16-3p; Halverson v. Astrue, 600 F.3d 922, 931 (8th Cir. 2010); Polaski, 739 F.2d at 1322.

Section 404.1529(c)(3) directs an ALJ to assess symptom statements by considering daily activities, symptom characteristics and triggers, medication, treatment, relief measures, and functional restrictions.

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

Under SSR 16-3p, the ALJ must determine whether to credit a claimant's statements about her pain and limitations by referring to the factors listed in 20 C.F.R. § 404.1529(c)(3) or 20 C.F.R. § 416.929(c)(3), which include: the claimant's daily activities; the location, duration, frequency, and intensity of the claimant's symptoms; the factors that precipitate and aggravate the symptoms; the type, dosage, effectiveness, and side effects of any medication taken to alleviate the symptoms; the claimant's treatment, other than medication, for the symptoms; any other measure that the claimant uses to relieve the symptoms; and any other factors concerning the claimant's functional limitations and restrictions due to the symptoms. See SSR 16-3p.

Section 404.1529(c)(3) supplies seven factors for evaluating intensity, persistence, and limiting effects, including activities, symptom characteristics, medication, treatment, and relief measures.

Ranson v. Commissioner, Social Security Administration · filed 2022-09-20(c)(3)

The SSA will also use the factors set forth in 20 CFR 404.1529(c)(3) and 416.929(c)(3) to evaluate the intensity, persistence, and limiting effects of an individual’s symptoms. SSR 16-3p, 2017 WL 5180304, at *7-8 (listing symptom evaluation factors) (SSR 16-3p). These factors include: 1. Daily activities; 2. The location, duration, frequency, and intensity of pain or other symptoms; 3. Factors that precipitate and aggravate the symptoms; 4. The type, dosage, effectiveness, and side effects of any medication an individual takes or has taken to alleviate pain or other symptoms; 5. Treatment, other than medication, an individual receives or has received for relief of pain or other symptoms; 6. Any measures other than treatment an individual uses or has used to relieve pain or other symptoms (e.g., lying flat on his or her back, standing for 15 to 20 minutes every hour, or sleeping on a board); and 7. Any other factors concerning an individual’s functional limitations and restrictions due to pain or other symptoms.

An ALJ evaluating subjective symptoms must consider objective evidence, activities, symptom characteristics, aggravating factors, medication, treatment, relief measures, and functional limitations.

Kaur v. Saul · filed 2022-09-20(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).

An ALJ evaluating credibility must consider activities, symptom severity, aggravating factors, medication, treatment, and limitations and justify the finding with specific reasons.

Harris v. Commissioner of Social Security · filed 2022-09-20(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, see 20 C.F.R. §404.1529(c); S.S.R. 96-7p, and justify the finding with specific reasons.” Villano, 556 F.3d at 562.

An ALJ must consider all symptom statements and decide how far they reasonably accord with objective medical evidence.

Hector G. v. Kijakazi · filed 2022-09-21(c)(3)

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

In evaluating symptom effects on work capacity, an ALJ considers objective evidence, symptom characteristics, daily activities, aggravating factors, medication effectiveness, treatment, relief measures, and conflicts with other evidence.

Brown v. Social Security Administration, Commissioner · filed 2022-09-23(c)(3), (4)

In evaluating the extent to which a claimant’s symptoms affect his capacity to perform basic work activities, the ALJ will consider (1) objective medical evidence, (2) the nature of a claimant’s symptoms, (3) the claimant’s daily activities, (4) precipitating and aggravating factors, (5) the effectiveness of medication, (6) treatment sought for relief of symptoms, (7) any measures the claimant takes to relieve symptoms, and (8) any conflicts between a claimant’s statements and the rest of the evidence. See 20 C.F.R. §§ 404.1529(c)(3), (4), 416.929(c)(3), (4); SSR 16-3p at *4, *7–*8.

When objective medical evidence does not substantiate alleged symptom severity, the ALJ must consider daily activities, symptom characteristics and triggers, medication, treatment, relief measures, and other functional evidence.

Pecora v. Commissioner of Social Security · filed 2022-09-26(c)

If the objective medical evidence does not substantiate the claimant’s statements about the intensity, persistence, and functionally limiting effects of symptoms, then the ALJ must consider other evidence in the record to determine if, and to what extent, the claimant’s symptoms limit his ability to do work-related activities. This other evidence includes a claimant’s daily activities; the location, duration, frequency, and intensity of the individual’s symptoms; precipitating and aggravating factors; the type, dosage, effectiveness, and side effects of medication taken to relieve the symptoms; treatment, other than medication, for the symptoms; any other measure used to relieve the symptoms; and any other factors concerning functional limitations and restrictions due to the symptoms. See 20 C.F.R. §§ 404.1529(c), 404.1545(a)(3), 416.929(c), 416.945(a)(3); SSR 16-3p, 2017 WL 5180304 at *7-8.

An ALJ evaluating symptom intensity, persistence, and limiting effects should consider activities, symptom characteristics, aggravating factors, medication, treatment, relief measures, and other functional factors.

Alonzo v. Kijakazi · filed 2022-09-28(c)(3)

When evaluating the intensity, persistence, and limiting effects of a claimant’s symptoms, the following factors should be considered: (1) daily activities; (2) the location, duration, frequency, and intensity of pain or other symptoms; (3) factors that precipitate and aggravate the symptoms; (4) the type, dosage, effectiveness, and side effects of any medication an individual takes or has taken to alleviate pain or other symptoms; (5) treatment, other than medication, an individual receives or has received for relief of pain or other symptoms; (6) any measures other than treatment an individual uses or has used to relieve pain or other symptoms; and (7) any other factors concerning an individual’s functional limitations and restrictions due to pain or other symptoms. Id. at *7–8; 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3).

After finding impairments that could cause symptoms, an ALJ evaluates their intensity, persistence, and work effects using objective evidence, activities, treatment, medication, and other functional factors.

SEGRETO v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-09-28

After the ALJ found that Plaintiff had medically determinable impairments which could reasonably be expected to cause her alleged symptoms (R. 22), he next had to evaluate the intensity and persistence of Plaintiff’s symptoms and their effect on her ability to work, by considering the objective medical evidence, the claimant’s daily activities, treatment and medications received, and other factors concerning functional limitations and restrictions due to pain. See 20 C.F.R. § 404.1529.

An ALJ evaluating subjective symptoms considers objective evidence together with activities, medication, treatment, symptom-relief methods, and aggravating factors.

Castro v. Saul · filed 2022-09-28(c)(3)

In considering a claimant’s subjective symptoms, an ALJ assesses the objective medical evidence alongside the claimant’s daily activities, medication, treatment, or other methods used to alleviate symptoms, and factors that precipitate and aggravate pain. SSR 16-3p, 2017 WL 5180304, at *7-8 (Oct. 25, 2017); 20 C.F.R. §§ 404.1529, 416.929(c)(3).

An ALJ evaluating subjective statements must consider prior work, third-party observations, activities, symptom characteristics, medication, and functional restrictions.

Cooper v. Kijakazi · filed 2022-09-28(c)(3)

When evaluating a claimant’s subjective statements about symptoms, the ALJ must consider all evidence relating thereto, including the claimant’s prior work record and third-party observations as to his daily activities; the duration, frequency and intensity of the symptoms; any precipitating and aggravating factors; the dosage, effectiveness, and side effects of medication; and any functional restrictions. 20 C.F.R. § 404.1529(c)(3); Halverson v. Astrue, 600 F.3d 922, 931 (8th Cir. 2010); Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir. 1984) (subsequent history omitted).

An ALJ evaluating subjective complaints considers physician evidence, activities, symptom descriptions, medication, treatment, and inconsistencies with the record.

MARTINEZ v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-09-28(c), (c)(4)

In evaluating a claimant’s subjective complaints, the ALJ considers evidence from physicians; the claimant’s daily activities; and descriptions of symptoms, medication, and other treatment. 20 C.F.R. § 404.1529(c); SSR 16-3p, 2016 WL 1119029, at *2-4. The ALJ also considers “whether there are any inconsistencies in the evidence and the extent to which there are any conflicts between [the claimant’s] statements and the rest of the evidence.” 20 C.F.R. § 404.1529(c)(4).

An ALJ assessing subjective complaints must consider the record in light of activities, symptom characteristics, aggravating factors, medication, treatment, relief measures, and functional limitations.

Johnson v. Commissioner of Social Security · filed 2022-09-28(c)(3)

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

Section 404.1529(c) permits an ALJ to consider pertinent symptom factors and inconsistencies in the evidence without mechanically discussing every factor.

DEATON v. KIJAKAZI · filed 2022-11-03(c)(3), (c)(4)

The ALJ need only "discuss the factors pertinent to the evidence of record." SSR 16-3p, 2017 WL 5180304, at *8. The ALJ should also consider any inconsistencies within the evidence, including conflicting statements made by the claimant and others like treating sources. 20 C.F.R. § 404.1529(c)(4). ... Brad D. has not demonstrated that the ALJ's subjective symptom evaluation was patently wrong, and the Court cannot reweigh the applicable factors that the ALJ properly evaluated.

Section 404.1529 requires an ALJ whose objective evidence does not fully support symptom allegations to investigate all avenues, including symptom intensity, aggravating factors, treatment effectiveness, functional restrictions, and daily activities.

Knight v. Commissioner of Social Security · filed 2022-12-08(c)

Given that the ALJ found the objective medical evidence did not fully support Plaintiff’s claims, the ALJ was required to “investigate all avenues” in assessing his symptoms which include “the nature and intensity” of his symptoms, precipitating and aggravating factors, dosage and effectiveness of any medications or other treatment, functional restrictions, and daily activities. ... The ALJ failed to properly engage in this analysis, which requires remand.

Section 404.1529(c) directs an ALJ to evaluate symptom intensity and persistence using medical evidence, daily activities, medication effectiveness, treatment, other relief measures, and conflicts in the evidence.

Natal v. Social Security Administration, Commissioner · filed 2022-12-09(c)(3), (c)(4)

In evaluating the extent to which a claimant’s symptoms affect her capacity to perform basic work activities, the ALJ will consider (1) objective medical evidence, (2) the nature of a claimant’s symptoms, (3) the claimant’s daily activities, (4) precipitating and aggravating factors, (5) the effectiveness of medication, (6) treatment sought for relief of symptoms, (7) any measures the claimant takes to relieve symptoms, and (8) any conflicts between a claimant’s statements and the rest of the evidence. See 20 C.F.R. § 404.1529(c)(3), (4); SSR 16-3p at *4, *7–*8.

Section 404.1529(c)(3) requires an ALJ evaluating subjective symptoms to consider daily activities, symptom characteristics, aggravating factors, medication, treatment, relief measures, and other functional restrictions.

Orlow v. Commissioner of Social Security · filed 2022-12-14(c)(3)

The Regulations in effect at the time of the ALJ’s Decision provided that an ALJ “will” also consider other factors related to symptoms such as pain, including: ... symptoms. 20 C.F.R. § 404.1529(c)(3)(i)-(vii). 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).

Section 404.1529 requires an ALJ to consider all symptoms and their consistency with the evidence, including the claimant's complaints, medical and nonmedical evidence, treatment, and functional factors.

Hoskins v. Commissioner of Social Security · filed 2022-12-14(a), (c)(3)

When analyzing a disability claim, the ALJ must consider all symptoms, including pain, and the extent to which those “symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence.” 20 C.F.R. § 404.1529(a); SSR 16-3p, 2017 WL 5180304, at *2 (Oct. 25, 2017). ... See 20 C.F.R. § 404.1529(a)–(c)(3). “As long as an ALJ gives specific reasons supported by the record,” the court will not overturn the ALJ’s assessment of the claimant’s subjective complaints “unless it is patently wrong.”

Section 404.1529(c) permits an ALJ to consider conservative and effective treatment and inconsistencies between agency reports and statements to medical providers.

Lance v. Kijakazi · filed 2023-03-07(c)(3)(iv), (c)(3)(v), (c)(4)

The type of treatment a claimant receives is also relevant to the symptom evaluation. 20 C.F.R. § 404.1529(c)(3)(iv)-(v). ... When evaluating a disability claimant’s symptoms, an ALJ considers whether there are inconsistencies between the reported symptoms and other evidence in the record. 20 C.F.R. § 404.1529(c)(4).

Section 404.1529(c)(3) requires an ALJ evaluating pain to consider all relevant evidence, including activities, medication effectiveness, treatment, and functional restrictions.

Gorby v. Social Security Administration · filed 2023-03-07(c)(3)

When the alleged symptom is pain, an ALJ should evaluate the severity of the alleged pain in light of all relevant evidence, including the factors set out in 20 C.F.R. § 404.1529(c). ... Here, a review of the decision reveals that the ALJ considered the entire record, based her findings on multiple relevant factors, and provided “specific reasons for the weight given to the individual’s symptoms.”

Section 404.1529(c)(3) permits an ALJ to reject claimed symptom limitations after considering daily activities, pain intensity and aggravators, and measures used for relief.

Auten v. Kijakazi · filed 2023-03-28(c)(3)

The record shows that the ALJ considered plaintiff's description of his daily activities, the intensity of his pain, the factors he said aggravate it, and his reported use of a cane and over-the-counter pain relievers to mitigate it. (R. 21.) The fact that she did not uncritically accept his representations does not make her symptom evaluation flawed.

After a claimant satisfies the pain standard, the ALJ must assess symptom intensity and persistence by considering daily activities, aggravating factors, medication, other treatment, relief measures, and functional limitations.

Floystad v. Commissioner of Social Security · filed 2023-03-30(c)(3)

If a claimant meets the pain standard, the ALJ must then assess the intensity and persistence of the claimant’s symptoms to determine how they restrict her capacity to work. 20 C.F.R. § 404.1529(c)(3). The considerations relevant to this analysis include: (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 the claimant takes or has taken to alleviate her pain or other symptoms; (5) treatment (other than medication) the claimant receives or has received for relief of her pain or other symptoms; (6) any measures the claimant uses or has used to relieve her pain or other symptoms; and (7) other factors concerning the claimant’s functional limitations due to pain or other symptoms. Id.

If objective medical evidence does not substantiate reported symptoms, an ALJ must assess the complaints using the full record and the seven symptom-related factors.

Bryant v. Kijakazi · filed 2023-04-21(c)(3)

If the objective medical evidence does not substantiate the claimant’s symptoms, the ALJ must consider the other evidence. Cichocki v. Astrue, 534 F. App’x 71, 76 (2d Cir. 2013). The ALJ must assess the claimant’s subjective complaints by considering the record in light of the following symptom-related factors: (1) claimant’s daily activities; (2) location, duration, frequency, and intensity of claimant’s symptoms; (3) precipitating and aggravating factors; (4) type, dosage, effectiveness, and side effects of any medication taken to relieve symptoms; (5) other treatment received to relieve symptoms; (6) any measures taken by the claimant to relieve symptoms; and (7) any other factors concerning claimant’s functional limitations and restrictions due to symptoms. 20 C.F.R. §§ 404.1529(c)(3), 416.929(c)(3).

Section 404.1529(c)(3)(i)-(vii) requires consideration of daily activities, symptom characteristics, aggravating factors, medication, other treatment, relief measures, and other functional-limit factors when objective evidence does not substantiate alleged pain and limitations.

Guzman v. Commissioner of Social Security · filed 2023-06-21(c)(3)(i)-(vii)

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)).

Section 404.1529(c)(3)(i)-(vii) requires a seven-factor inquiry into daily activities, symptom characteristics, aggravating factors, medication, other treatment, relief measures, and other functional restrictions when objective evidence does not substantiate pain allegations.

Perez v. Commissioner of Social Security · filed 2023-07-25(c)(3)(i)-(vii)

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)).

Section 404.1529(c)(3) requires consideration of daily activities, symptom characteristics, aggravating factors, medication, other treatment, relief measures, and other functional limitations when objective evidence does not substantiate symptoms.

Girao v. Commissioner of Social Security · filed 2023-08-18(c)(3)

It is well-established that “[i]f the objective medical evidence does not substantiate the claimant’s symptoms, the ALJ must consider the other evidence.” ... Specifically, the ALJ must consider the following symptom-related factors: “(1) claimant’s daily activities; (2) location, duration, frequency, and intensity of claimant’s symptoms; (3) precipitating and aggravating factors; (4) type, dosage, effectiveness, and side effects of any medication taken to relieve symptoms; (5) other treatment received to relieve symptoms; (6) any measures taken by the claimant to relieve symptoms; and (7) any other factors concerning claimant’s functional limitations and restrictions due to symptoms.”

An ALJ evaluating symptom intensity may consider objective evidence, daily activities, symptom characteristics, medication, treatment, and other relief measures.

McIntyre v. Acting Commissioner of the Social Security Administration · filed 2023-08-25(c)(3)

Other evidence in the record includes “1) the claimant’s daily activities; 2) the location, duration, frequency, and intensity of pain or other symptoms experienced by the claimant; 3) factors that precipitate and aggravate the claimant’s symptoms; 4) the type, dosage, effectiveness, and side effects of any medication a claimant takes or has taken to alleviate pain or other symptoms; 5) treatment, other than medication, a claimant receives or has received for relief of pain or other symptoms; 6) any measures other than treatment a claimant uses or has used to relieve pain or other symptoms; and 7) any other factors concerning a claimant’s functional limitations and restrictions due to pain or other symptoms.”

An ALJ assesses symptom testimony using objective evidence, activities, medication effects, other treatment and relief measures, and aggravating factors, and the assessment stands if adequately explained and supported.

Rogers v. Kijakazi · filed 2023-09-06(c)

Rather, in considering a claimant's subjective symptoms, an ALJ assesses the objective medical evidence and a number of other factors, including the claimant's daily activities, effectiveness and side effects of any medication, treatment, other methods to alleviate symptoms, and factors that precipitate and aggravate pain. SSR 16-3p, 2017 WL 5180304, at *7-8 (Oct. 25, 2017); 20 C.F.R. § 404.1529(c).

In assessing how symptoms affect basic work activities, the ALJ considers objective evidence, symptom characteristics, daily activities, aggravating factors, medication effectiveness, treatment and other relief measures, and conflicts with other evidence.

Brown v. Social Security Administration, Commissioner · filed 2023-09-27(c)(3)–(4)

In evaluating the extent to which the Plaintiff’s symptoms, such as pain, affect his capacity to perform basic work activities, the ALJ will consider (1) objective medical evidence, (2) the nature of Plaintiff’s symptoms, (3) the Plaintiff’s daily activities, (4) precipitating and aggravating factors, (5) the effectiveness of medication, (6) treatment sought for relief of symptoms, (7) any measures the Plaintiff takes to relieve symptoms, and (8) any conflicts between a Plaintiff’s statements and the rest of evidence.

Section 404.1529(c)(3) requires an ALJ evaluating alleged pain to consider all relevant evidence, including daily activities, medication effectiveness, treatment, and other symptom-related functional restrictions.

Hreha v. Commissioner of Social Security Administration · filed 2023-09-30(c)(3)

When the alleged symptom is pain, an ALJ should evaluate the severity of the alleged pain in light of all relevant evidence, including the factors set out in 20 C.F.R. § 404.1529(c). See Felisky v. Bowen, 35 F.3d 1027, 1038–39 (6th Cir. 1994). 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.

Section 404.1529(c)(3) requires pain severity to be evaluated in light of all relevant evidence, including daily activities, medication effectiveness, treatment, and other symptom-related functional restrictions.

Bowen v. Social Security Commissioner · filed 2023-10-05(c)(3)

And when the alleged symptom is pain, an ALJ should evaluate the severity of the alleged pain in light of all relevant evidence, including the factors set out in 20 C.F.R. § 404.1529(c). See Felisky v. Bowen, 35 F.3d 1027, 1038–39 (6th Cir. 1994). Those factors 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.

Section 404.1529(c)(3)'s other-evidence factors do not include a claimant's use of an interpreter as a basis for discounting subjective symptom testimony.

Lopez v. Kijakazi · filed 2023-10-20(c)(3)

The “other evidence” with which an ALJ assesses symptom-related functional limitations do not include using an interpreter at the hearing. See 20 C.F.R. § 404.1529(c)(3).

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

Shaw v. Kijakazi · filed 2023-10-20(c)

In evaluating a claimant’s subjective symptom statements, an ALJ must consider 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 or 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 consideration of objective evidence, daily activities, symptom characteristics and triggers, medication, treatment, and functional limitations when evaluating subjective symptoms.

Steele v. Saul · filed 2023-10-27(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's subjective-allegation factors need not be discussed mechanically so long as the ALJ acknowledges and examines them before discounting a claimant's allegations.

Davis v. Social Security Administration Commissioner · filed 2023-10-30

In assessing the subjective allegations of a claimant, the ALJ is required to examined and to apply the five factors from Polaski v. Heckler, 739 F.2d 1320 (8th Cir. 1984) or from 20 C.F.R. § 404.1529 and 20 C. F. R. §416.929. ... The ALJ is not required to methodically discuss each factor as long as the ALJ acknowledges and examines these factors prior to discounting the claimant’s subjective allegations.

Section 404.1529(c) requires an ALJ to support a subjective-symptom evaluation with specific record-based reasons addressing objective evidence, daily activities, symptoms, aggravating factors, medication, treatment, and functional limitations.

Salazar v. Saul · filed 2023-10-30(c)

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

Section 404.1529(c)(3)(i)–(vii) directs an ALJ assessing pain to examine daily activities; the nature and frequency of pain; aggravating factors; medication; other treatment and relief measures; and other pain-related functional restrictions.

Castillo v. Kijakazi · filed 2023-11-03(c)(3)(i)–(vii)

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)).

Section 404.1529(c)(3) directs an ALJ's symptom analysis to consider daily activities, symptom characteristics and triggers, medication effects, treatment and other relief measures, and resulting functional limitations.

Toledo v. Social Security Administration · filed 2023-11-07(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), 416.929(c)(3), including: (i) daily activities; (ii) the location, duration, frequency, and intensity of pain or other symptoms; (iii) precipitating and aggravating factors; (iv) the type, dosage, effectiveness, and side effects of any medication the individual takes or has taken; (v) treatment other than medication for relief of pain or other symptoms; (vi) any other measures used by the claimant to relieve pain or other symptoms; and (vii) any other factors concerning functional limitations. Id. at *7–*8.

Section 404.1529(c)(3) requires evaluation of daily activities, pain characteristics and triggers, medication, treatment, and other symptom-relief measures.

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

The Regulations list a variety of factors an ALJ must consider in evaluating the severity of symptoms, including a claimant’s daily activities; the location, duration, frequency and intensity of pain; factors that precipitate or aggravate symptoms; the effectiveness and side effects of medications; treatments other than medication; and any measures used to relieve pain or other symptoms. 20 C.F.R. § 404.1529(c)(3); SSR 16–3p, 2016 WL 119029, at *7.

An ALJ should consider the § 404.1529(c)(3) factors but need not discuss every factor or conduct a factor-by-factor analysis.

Lewis v. Commissioner of the Social Security Administration · filed 2023-12-04(c)(3)

An ALJ should consider the factors set forth in 20 C.F.R. §§ 404.1529(c)(3) and 416.929(c)(3) but “is not required to discuss every factor or conduct a factor-by-factor analysis.”

Section 404.1529(c)(3) does not require a formal factor-by-factor recitation if the ALJ identifies the specific evidence used to evaluate symptoms.

Reyes v. Social Security Administration · filed 2024-01-26(c)(3)

However, a “formalistic factor-by-factor recitation of the evidence” is not required, “[s]o long as the ALJ sets forth the specific evidence he relies on in evaluating the claimant's” symptoms. ... Nothing more was required.

Section 404.1529(c)(3) requires consideration of objective medical evidence and other evidence relevant to subjective symptoms, including daily activities, symptom characteristics, medication, treatment, relief measures, and functional restrictions.

GORDEN v. COMMISSIONER OF SOCIAL SECURITY · filed 2024-01-29(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).

An ALJ applying § 404.1529 need not methodically discuss each symptom factor if the factors are acknowledged and examined before subjective allegations are discounted.

Wood v. Social Security Administration Commissioner · filed 2024-01-31

The factors must be analyzed and considered in light of the claimant’s subjective allegations of pain. See id. The ALJ is not required to methodically discuss each factor as long as the ALJ acknowledges and examines these factors prior to discounting the claimant’s subjective allegations.

Section 404.1529(c)(3)(i)–(vii) requires pain evaluation to consider daily activities, pain characteristics, aggravating factors, medication, other treatment and relief measures, and resulting functional restrictions.

Thompson v. O'Malley · filed 2024-02-05(c)(3)(i)–(vii)

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)).

Section 404.1529(c)(3)(i)–(vi) requires symptom evaluation to consider daily activities, symptom characteristics, aggravating factors, medication side effects, and treatment or other relief measures.

Whitehead v. Commissioner of Social Security · filed 2024-02-07(c)(3)(i)–(vi)

“When evaluating a claimant’s subjective symptoms, the ALJ must consider such things as: (1) the claimant’s daily activities; (2) the nature, location, onset, duration, frequency, radiation, and intensity of pain and other symptoms; (3) precipitating and aggravating factors; (4) adverse side-effects of medications; and (5) treatment or measures taken by the claimant for relief of symptoms.” Davis v. Astrue, 287 F. App'x 748, 760 (11th Cir. 2008) (citing 20 C.F.R. § 404.1529(c)(3)(i)-(vi)).

Section 404.1529(c) permits consideration of objective evidence, treatment history and response, pain-relief sources, and daily activities when evaluating subjective symptoms.

Bratton v. O'Malley(CONSENT) · filed 2024-02-23(c)(1)-(4)

In evaluating a claimant’s subjective symptoms, the ALJ may consider a variety of factors, including: objective medial evidence, treatment history, response to medication and other treatments, sources of pain relief, and the claimant’s daily activities. See 20 C.F.R. §§ 404.1529(c)(1)-(4).

Section 404.1529(c)(3) requires consideration of daily activities, symptom characteristics, medication, treatment, relief measures, and functional limitations.

Faiz v. Commissioner of Social Security · filed 2024-03-11(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).

Section 404.1529(c)(3) does not require a factor-by-factor discussion of every symptom factor.

Booms v. Commissioner of Social Security · filed 2024-03-11(c)(3)

It is well established that the ALJ is not required to discuss every factor or conduct a factor-by-factor analysis.

Section 404.1529(c)(3)-(4) permits consideration of daily activities, symptom characteristics and triggers, medication, and functional limitations.

Whitson v. Social Security Administration, Commissioner · filed 2024-03-12(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)(3) does not require an ALJ to discuss every symptom factor or conduct a factor-by-factor analysis.

Smagala v. Commissioner of Social Security · filed 2024-03-12(c)(3)

It is well established that the ALJ is not required to discuss every factor or conduct a factor-by-factor analysis.

Section 404.1529(c) permits consideration of symptom nature, medication effectiveness, treatment, activities, and conflicts with other evidence.

Middlebrooks v. Social Security Administration, Commissioner · filed 2024-03-20(c)(3)-(4)

The ALJ may consider the nature of a claimant’s symptoms, the effectiveness of medication, a claimant's method of treatment, a claimant’s activities, and any conflicts between a claimant's statements and the rest of the evidence. See 20 C.F.R. §§ 404.1529(c)(3), (4), 416.929(c)(3), (4); SSR 96–7p, 1996 WL 364186 at * 4–8.

Section 404.1529(c) permits consideration of daily activities, symptom characteristics and triggers, medication, and functional limitations.

Hightower v. Social Security Administration, Commissioner · filed 2024-03-21(c)(3)-(4)

An ALJ’s 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 consideration of symptom nature, medication effectiveness, treatment, activities, and conflicts with other evidence.

Hester v. Social Security Administration, Commissioner · filed 2024-03-22(c)(3)-(4)

The ALJ may consider the nature of a claimant’s symptoms, the effectiveness of medication, a claimant’s method of treatment, a claimant’s activities, and any conflicts between a claimant’s statements and the rest of the evidence. See 20 C.F.R. §§ 404.1529(c)(3), (4), 416.929(c)(3), (4); SSR 16–3p, 2016 WL 1119029 at *3–10.

Section 404.1529(c) does not require discussion of every symptom factor, only those relevant to assessing persistence, intensity, and limiting effects.

Patterson v. O'Malley · filed 2024-03-22(c)

An ALJ need not discuss every factor, but only the factors relevant to assessing the persistence, intensity, and limiting effects of a symptom.

Section 404.1529(c)(3) requires symptom severity to be evaluated through daily activities, pain characteristics and triggers, medication effectiveness and side effects, other treatment, and relief measures.

Worth v. Commissioner of Social Security · filed 2024-03-27(c)(3)

The Regulations list a variety of factors an ALJ must consider in evaluating the severity of symptoms, including a claimant’s daily activities; the location, duration, frequency and intensity of pain; factors that precipitate or aggravate symptoms; the effectiveness and side effects of medications; treatments other than medication; and any measures used to relieve pain or other symptoms. 20 C.F.R. §§ 404.1529(c)(3); 416.929(c)(3).