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Mihlfeld v. Social Security Administration, Commissioner of

MEMORANDUM in Support of Motion re MOTION for Summary Judgment

53 Cited authorities

  1. Bowen v. Yuckert

    482 U.S. 137 (1987)   Cited 24,314 times
    Holding that "disability claimants" are responsible for making "a threshold showing that their 'medically determinable' impairments are severe enough to satisfy the regulatory standards"

  2. Barnhart v. Walton

    535 U.S. 212 (2002)   Cited 2,166 times   1 Legal Analyses
    Holding that the “‘ 12 month' duration requirements apply to both the ‘impairment' and the ‘inability' to work requirements”

  3. Heckler v. Campbell

    461 U.S. 458 (1983)   Cited 4,540 times
    Holding that the SSA need not provide "evidence of specific available jobs" that a claimant could perform when relying on the grids

  4. Walters v. Commissioner of Social Security

    127 F.3d 525 (6th Cir. 1997)   Cited 6,630 times
    Holding that an ALJ has a "sufficiently valid reason not to accept the opinions of a treating medical doctor" when that treating physician's claim is "not . . . supported by detailed, clinical, diagnostic evidence in his reports"

  5. Jones v. Commissioner of Social Security

    336 F.3d 469 (6th Cir. 2003)   Cited 4,570 times
    Holding that an ALJ appropriately disregarded a physician's conclusion when there was no "objective medical evidence" supporting the physician's medical assessment

  6. Buxton v. Halter

    246 F.3d 762 (6th Cir. 2001)   Cited 3,492 times
    Holding that an ALJ's credibility determinations must be upheld so long as they are in the zone of reasonable choices

  7. Foster v. Halter

    279 F.3d 348 (6th Cir. 2001)   Cited 2,911 times
    Holding evidence submitted to the Appeals Council after the ALJ's decision is not considered part of the record for purposes of substantial evidence review

  8. Her v. Commissioner of Social Security

    203 F.3d 388 (6th Cir. 1999)   Cited 3,130 times
    Holding that "[e]ven if the evidence could also support another conclusion, the decision of the Administrative Law Judge must stand if the evidence could reasonably support the decision reached"

  9. Key v. Callahan

    109 F.3d 270 (6th Cir. 1997)   Cited 3,423 times
    Holding that no medical advisor was necessary when the evidence did not indicate that the claimant was disabled before his DLI

  10. Warner v. Commissioner of Social Security

    375 F.3d 387 (6th Cir. 2004)   Cited 2,306 times
    Holding that substantial evidence supported ALJ's finding that claimant's "subjective assessment of pain [was] only partially credible because the record indicated that he was not taking prescribed pain medication and because his own assessment of his daily activities indicated that his pain was not disabling" where he "testified, consistent with the objective medical evidence, that he could manage his personal hygiene, pick a coin off a table, vacuum, drive short distances, and wash spoons and forks."

  11. Section 405 - Evidence, procedure, and certification for payments

    42 U.S.C. § 405   Cited 156,275 times   34 Legal Analyses
    Ruling out jurisdiction under 28 U.S.C. §§ 1331, 1346

  12. Section 423 - Disability insurance benefit payments

    42 U.S.C. § 423   Cited 68,517 times   2 Legal Analyses
    Finding of disability is prerequisite for eligibility and payment of DIB

  13. Section 404.1520 - Evaluation of disability in general

    20 C.F.R. § 404.1520   Cited 87,014 times   1 Legal Analyses
    Determining disability under Title II of the Act

  14. Section 404.1527 - Evaluating opinion evidence for claims filed before March 27, 2017

    20 C.F.R. § 404.1527   Cited 48,026 times
    Holding that "[t]he ALJ improperly reduced the two-step evaluation procedure mandated by the Regulations into solely consideration of the remaining factors in the Regulations, such as 'supportability' and 'consistency' factors"

  15. Section 404.1567 - Physical exertion requirements

    20 C.F.R. § 404.1567   Cited 40,451 times
    Defining sedentary work as "involv[ing] lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools" as well as "involv[ing] sitting a certain amount of walking and standing"

  16. Section 404.1545 - Your residual functional capacity

    20 C.F.R. § 404.1545   Cited 29,926 times
    Holding that "the ALJ . . . is responsible for assessing your residual functional capacity"

  17. Section 404.1529 - How we evaluate symptoms, including pain

    20 C.F.R. § 404.1529   Cited 25,292 times
    Concluding that lack of treatment for mental anxiety was a factor in deciding that anxiety was not a severe impairment

  18. Section 404.1512 - Responsibility for evidence

    20 C.F.R. § 404.1512   Cited 10,389 times
    Holding that ALJ did not neglect this duty as there was nothing presented at the hearing to indicate that retrospective assessments would have revealed any useful information or that the physicians were prepared to undertake such assessments

  19. Section 404.1513 - Categories of evidence

    20 C.F.R. § 404.1513   Cited 10,165 times
    Holding that the SSA's regulations provide that the Social Security Administration "will request a medical source statement about what you can still do despite your impairment."

  20. Section 404.1505 - Basic definition of disability

    20 C.F.R. § 404.1505   Cited 8,960 times
    Defining disability as "the inability to do any substantial gainful activity ... for a continuous period of not less than 12 months"

  21. Section 404.981 - Effect of Appeals Council's decision or denial of review

    20 C.F.R. § 404.981   Cited 8,513 times
    Providing that the Appeals Council's decision triggers the period for the claimant to seek judicial review

  22. Section 404.1521 - Establishing that you have a medically determinable impairment(s)

    20 C.F.R. § 404.1521   Cited 8,358 times
    Stating that an impairment "is not severe if it does not significantly limit [the claimant's] physical or mental ability to do basic work activities"