R&R adopted at 2019 WL 4733581 (S.D. Ohio Sept. 28, 2019); Washington v. Comm'r, No. 1:17-cv-773-SKB, 2019 WL 1367736, at *5 (S.D. Ohio, March 26, 2019) (affirming in part because “the ALJ reviewing the second application showed that he did not merely rely upon the earlier denial.”).
Mitchell v. Comm'r of Soc. Sec., No. CV 20-13414, 2022 WL 265869, at *2 n.3 (E.D. Mich. Jan. 28, 2022); see also, e.g., Lambert v. Comm'r of Soc. Sec., No. 1:18-CV-116, 2019 WL 336903, at *5 (S.D. Ohio Jan. 28, 2019) (“Because ALJ Nguyen gave a ‘fresh look' to the new evidence, a remand under Earley is not warranted, and the undersigned must conduct a substantial evidence review of ALJ Nguyen's decision.”); Washington v. Comm'r of Soc. Sec., No. 1:17-CV-773, 2019 WL 1367736, at *5 (S.D. Ohio Mar. 26, 2019) (declining remand where the ALJ reviewing the second application “did not merely rely upon the earlier denial,” but “undertook an evaluation of the objective medical evidence presented and claimant's allegations of limitation”); Christina S. v. Comm'r of Soc. Sec., No. 3:22-CV-298, 2023 WL 4557045, at *6 (S.D. Ohio July 17, 2023) (“In this case, the fairest read of the ALJ's opinion is that he reviewed the evidence independently-without any thumb on the scale-and crafted a record-based RFC.
(“[I]t is fair for an administrative law judge to take the view that, absent new and additional evidence, the first administrative law judge's findings are a legitimate, albeit not binding, consideration in reviewing a second application.”); Washington v. Comm'r of Soc. Sec., No. 1:17-CV-773, 2019 WL 1367736, at *5 (S.D. Ohio Mar. 26, 2019) (declining remand where the ALJ reviewing the second application “did not merely rely upon the earlier denial, ” but “undertook an evaluation of the objective medical evidence presented and claimant's allegations of limitation”)
Accordingly, and for the reasons explained in more detail below, ALJ Southern reasonably declined to deviate from ALJ Boylan's severe impairment and RFC findings. See, e.g., Lambert v. Comm'r of Soc. Sec., No. 1:18-CV-116, 2019 WL 336903, at *5 (S.D. Ohio Jan. 28, 2019) ("Because ALJ Nguyen gave a "fresh look" to the new evidence, a remand under Earley is not warranted, and the undersigned must conduct a substantial evidence review of ALJ Nguyen's decision."); Earley, 893 F.3d at 933 ("[I]t is fair for an administrative law judge to take the view that, absent new and additional evidence, the first administrative law judge's findings are a legitimate, albeit not binding, consideration in reviewing a second application."); Washington v. Comm'r of Soc. Sec., No. 1:17-CV-773, 2019 WL 1367736, at *5 (S.D. Ohio Mar. 26, 2019) (declining remand where the ALJ reviewing the second application "did not merely rely upon the earlier denial," but "undertook an evaluation of the objective medical evidence presented and claimant's allegations of limitation"). 2. Plaintiff's 2006 VA Discharge Records