§Why CasetextPricing

Wilson v. Colvin(CONSENT)

BRIEF/MEMORANDUM in Support of the Commissioner's Decision

28 Cited authorities

  1. Sullivan v. Zebley

    493 U.S. 521 (1990)   Cited 7,108 times
    Holding that an impairment manifesting only some of criteria, no matter how severely, does not qualify

  2. Winschel v. Commissioner of Social Security

    631 F.3d 1176 (11th Cir. 2011)   Cited 4,979 times
    Holding that when treating physician's opinion is not bolstered by the evidence, ALJ has good cause to give that opinion less weight

  3. Phillips v. Barnhart

    357 F.3d 1232 (11th Cir. 2004)   Cited 6,218 times
    Holding that the ALJ can resolve the step-five question "by the use of a vocational expert"

  4. Crawford v. Commissioner of Social Security

    363 F.3d 1155 (11th Cir. 2004)   Cited 5,042 times
    Holding substantial evidence supported the ALJ's decision to discount a treating physician's opinion because it was inconsistent with his treatment notes, unsupported by the medical evidence, and appeared to be based primarily on the claimant's subjective complaints

  5. Dyer v. Barnhart

    395 F.3d 1206 (11th Cir. 2005)   Cited 4,688 times
    Holding that there is no rigid requirement that every piece of evidence be referred to in the ALJ's decision

  6. Moore v. Barnhart

    405 F.3d 1208 (11th Cir. 2005)   Cited 3,780 times
    Holding that the regulations place "a very heavy burden" on the claimant to demonstrate a qualifying disability

  7. Wilson v. Barnhart

    284 F.3d 1219 (11th Cir. 2002)   Cited 4,063 times
    Holding "that the ALJ made a reasonable decision to reject [claimant's] subjective testimony, articulating, in detail, the contrary evidence as his reasons for doing so"

  8. Foote v. Chater

    67 F.3d 1553 (11th Cir. 1995)   Cited 5,422 times
    Holding that claimant's ability to do basic daily activities did not support the ALJ's finding that her pain was not so disabling as to reduce her residual functional capacity

  9. Doughty v. Apfel

    245 F.3d 1274 (11th Cir. 2001)   Cited 2,849 times
    Holding that the medical opinions, in combination with claimant's testimony about his ability to carry out daily activities, provided substantial evidence to support the ALJ's decision

  10. Martin v. Sullivan

    894 F.2d 1520 (11th Cir. 1990)   Cited 3,459 times
    Holding so long as the ALJ's findings are supported by substantial evidence, they are conclusive and the reviewing court must defer to the ALJ's decision even if the evidence may preponderate against it

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

    42 U.S.C. § 405   Cited 157,167 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 68,778 times   2 Legal Analyses
    Finding of disability is prerequisite for eligibility and payment of DIB

  13. Section 404.1545 - Your residual functional capacity

    20 C.F.R. § 404.1545   Cited 30,094 times
    Holding that "the ALJ . . . is responsible for assessing your residual functional capacity"

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

    20 C.F.R. § 404.1529   Cited 25,422 times
    Concluding that lack of treatment for mental anxiety was a factor in deciding that anxiety was not a severe impairment

  15. Section 404.1512 - Responsibility for evidence

    20 C.F.R. § 404.1512   Cited 10,429 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

  16. Section 404.1525 - Listing of Impairments in appendix 1

    20 C.F.R. § 404.1525   Cited 8,308 times
    Explaining use of "Listings of Impairments"