But the Tenth Circuit has recognized in persuasive authority that the analysis “remains substantially the same” after SSR 16-3P. Olson v. Comm'r, SSA, 843 Fed.Appx. 93, 97, n.3 (10th Cir. 2021).
The Commissioner further argues that Vigil's “argument about aspects of Dr. LaCourt's opinion . . . goes to the weight of the evidence as a whole, which the Court cannot reweigh.” (Id. at 31 (citing Olson v. Comm'r, SSA, 843 Fed.Appx. 93, 97 (10th Cir. 2021)).) The Court agrees.
As other courts have recognized, SSR 16-3P established a standard of review “substantially the same” as SSR 96-7p. Olson v. Comm'r, SSA, 843 Fed.Appx. 93, 97 n.3 (10th Cir. 2021); see also Coskery v. Berryhill, 892 F.3d 1, 8 (1st Cir. 2018) (finding under either regulation, the ALJ's decision was supported by substantial evidence).
Rather, it appears to merely go to the weight of the evidence regarding Plaintiff's childcare activities, which is for the ALJ, and not the Court, to assign. (Doc. 26 at 15 (citing Olson v. SSA, 843 Fed.Appx. 93, 97 (10th Cir. 2021) (reasoning that the plaintiff's contentions about evidence did not necessarily establish that she was disabled or show reversible error but merely went “to the weight of the evidence.”).
Tina G.B., v. Kijakazi, 2021 WL 3617449, at *3, n.2 (N.D. Okla. Aug. 16, 2021). See also Olson v. Comm'r, SSA, 843 Fed. App'x 93, 97 n.3 (10th Cir. 2021) (“The Commissioner no longer uses the term ‘credibility' in evaluating a claimant's statements.
See Brownrigg v. Berryhill, 688 Fed.Appx. 542, 545-46 (10th Cir. 2017) (finding that SSR 16-3p was consistent with prior approach taken by Tenth Circuit). And while “the Commissioner no longer uses the term ‘credibility' in evaluating a claimant's statements . . . the analysis . . . remains substantially the same.” Olson v. Comm'r, SSA, 843 Fed.Appx. 93, 97 n.3 (10th Cir. 2021) (internal citation omitted).
For this Court to conclude otherwise would amount to an improper reweighing of the evidence. Olson v. Comm'r, SSA, 843 Fed.Appx. 93, 97 (10th Cir. 2021) (citing Hendron v. Colvin, 767 F.3d 951, 956 (10th Cir. 2014)).
Tina G.B., v. Kijakazi, 2021 WL 3617449, at *3, n.2 (N.D. Okla. Aug. 16, 2021). See also Olson v. Comm'r, SSA, 843 Fed.Appx. 93, 97 n.3 (10th Cir. 2021) (“The Commissioner no longer uses the term ‘credibility' in evaluating a claimant's statements.
Tina G.B., v. Kijakazi, 2021 WL 3617449, at *3, n.2 (N.D. Okla. Aug. 16, 2021). See also Olson v. Comm'r, SSA, 843 Fed.Appx. 93, 97 n.3 (10th Cir. 2021) (“The Commissioner no longer uses the term ‘credibility' in evaluating a claimant's statements.
Tina G.B., v. Kijakazi, 2021 WL 3617449, at *3, n.2 (N.D. Okla. Aug. 16, 2021). See also Olson v. Comm'r, SSA, 843 Fed.Appx. 93, 97, n.3 (10th Cir. 2021) (“The Commissioner no longer uses the term ‘credibility' in evaluating a claimant's statements.