Case law

Williams v. Commissioner of Social Security

District Court, M.D. Florida · Mar 31, 2020

The physical findings noted by the ALJ clearly provide substantial evidence to discount the opinion assuming the limitations the doctor assessed resulted from Plaintiff’s lumbar spine pain. … Notably, however, the finding of any severe impairment, whether or not it results from a single severe impairment or a combination or impairments that together qualify as severe, is enough to satisfy step two.

Phillips v. United States

District Court, M.D. Florida · May 19, 2023

Petitioner is unable to qualify for a reduction of sentence pursuant to the recidivism incentives that he has completed or may complete pursuant to 18 U.S.C. 3632(d)(4)(ii) (FSA). … On direct appeal, Petitioner clearly presented the issue of ineffective assistance of counsel for failure to object to the calculation of the criminal history score in the PSR, which led to a higher guidelines range and

Yellowpages Photos, Inc. v. YP, LLC

District Court, M.D. Florida · Nov 27, 2019

Berry and Company, which became YP Advertising & Publishing LLC and are therefore clearly intended as Licensees, or whether they are simply affiliates with common ownership, which are not clearly included as Licensees and … Berry and Company, and owned by the same entity, it is not clear that it qualified as an “affiliate[] owned or owning same” as required by the Berry License. Doc. 157-2 at 2.

Woodard v. State of Florida (Duval County)

District Court, M.D. Florida · May 26, 2021

If the claim was “adjudicated on the merits” in state court, § 2254(d) bars relitigation of the claim unless the state court’s decision (1) “was contrary to, or involved an unreasonable application of, clearly established … Woodard has failed to establish deficient performance or prejudice, and, therefore, has failed to establish he is entitled to relief under Martinez.

Roundtree v. Commissioner of Social Security

District Court, M.D. Florida · Sep 25, 2019

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. § 404.1520. … Strahl, who never saw Plaintiff, was more qualified to assess Plaintiff’s mental health than the professionals that did examine her. Defendant argues that the ALJ properly discounted Dr.

Gibson v. Commissioner of Social Security

District Court, M.D. Florida · Mar 22, 2024

Gibson previously worked as a relationship manager, establishing and maintaining 2 See 42 U.S.C. §§ 416(i), 423(d), 1382c(a)(3); 20 C.F.R. § 404.1505. 3 See 20 C.F.R. §§ 404.1513(a)(2)(i)-(iv) (discussing … Dec. 2, 2019) (“Even assuming the reference to the wrong DOT code is more than a simple mistake, because the ALJ identified two other jobs Plaintiff can perform, the error is clearly a harmless one.”).

Scott v. Commissioner of Social Security

District Court, M.D. Florida · Aug 30, 2021

These regulations establish a “sequential evaluation process” to determine whether a claimant is disabled. 20 C.F.R. § 416.920. … App’x 935, 939 (11th Cir. 2011) (“The question is not . . . whether the ALJ could have reasonably credited [claimant’s] testimony, but whether the ALJ was clearly wrong to discredit it”).

Griffin

District Court, M.D. Florida · Feb 6, 2026

Under that framework, the plaintiff must first establish a prima facie case of retaliation. Batson v. Salvation Army, 897 F.3d 1320, 1329–30 (11th Cir. 2018). … qualified to perform the job in question, and (4) her employer treated similarly situated employees outside her class more favorably.”

Henry v. Secretary, Florida Department of Corrections (Duval County)

District Court, M.D. Florida · Aug 19, 2024

Thus, an evidentiary hearing will not be conducted. 2 decision to qualify as an adjudication on the merits. See Harrington v. … “Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.” Smith v.

Stockton v. Commissioner of Social Security

District Court, M.D. Florida · Feb 24, 2022

However, “[m]edical experts are highly qualified and their opinions may be entitled to great weight.” Henderson v. Saul, No. 8:19-CV-2454-T-AEP, 2021 WL 1138181, at *4 (M.D. Fla. … Lorber lacks current medical knowledge, was “clearly unprepared,” and wrongfully discredited Dr. Olsson. Doc. No. 22, at 31 n.3.

KOVA Commercial of Naples, LLC v. Sabin

District Court, M.D. Florida · Oct 4, 2023

On or about August 5, 2016, [Sabin] became KOVA’s Managing/Qualifying Broker. … “A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the burden of persuasion as to the four requisites.”

Everhart v. Commissioner of Social Security

District Court, M.D. Florida · Sep 13, 2021

Duty to Develop a Full and Fair Record “It is well-established that the ALJ has a basic duty to develop a full and fair record.” Ellison v. … clearly considered and discussed Plaintiff’s medical records in his assessment (noting they have “have been unremarkable”) including medical evidence that post-dates Dr.

Vazquez v. Commissioner of Social Security Administration

District Court, M.D. Florida · Sep 3, 2020

“The ALJ is required to consider the opinions of non-examining state agency medical and psychological consultants because they ‘are highly qualified physicians and psychologists, who are also experts in Social Security … evaluating symptoms.7 The determination or decision must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly

Balis v. Martin

District Court, M.D. Florida · Dec 18, 2020

Likewise, there is also no factual basis to establish the standing of any plaintiff other than Ardis Balis and Anne Marie Petrilli, even if a harassment cause of action could be stated. … It is further alleged that defendant Martin selected Jim Ardolino (a condominium unit owner) as the “on-premises supervisor,” but he is not qualified to administer the facility because

Harr v. Commissioner of Social Security

District Court, M.D. Florida · Feb 20, 2020

Plaintiff qualified for an Individualized Education Plan (IEP) at his schools in both Georgia (where he started school) and Florida (where he moved with his mom when he was in the fourth grade). … Winschel instructs that with good cause, an ALJ may disregard a treating physician’s opinion but “must clearly articulate the reasons for doing so.” 631 F.3d at 1179 (quoting Phillips v. Barnhart, 357 at 1240 n.8).

Pena v. Commissioner of Social Security

District Court, M.D. Florida · Mar 1, 2021

This is evidenced by attending therapy, taking medications as prescribed, and following established treatment plan goals. … (Tr. 454.) 8 The “Clinic Visit Note” clearly indicates that it is page “2 of 3,” but pages one and three are not in the record. (Tr. 456.)

Harris v. Commissioner of Social Security

District Court, M.D. Florida · Mar 17, 2021

Acceptable medical sources include licensed physicians, licensed psychologists, licensed optometrists, licensed podiatrists, and qualified speech-language pathologists. 20 C.F.R. § 404.1502(a).10 The Regulations … establish a hierarchy among medical opinions that provides a framework for determining the weight afforded each medical opinion.

School Board v. E.S. ex rel B.S.

561 F. Supp. 2d 1282 · District Court, M.D. Florida · Mar 10, 2008

The Child qualified for services under the IDEA based upon his exceptionalities of autism, and language impaired. (Pet.A-3-1). … The Parent argues that the amount of services must be stated clearly in the IEP for both development and implementation of the IEP.

Reinert v. Commissioner Social Security

District Court, M.D. Florida · Aug 13, 2019

“The ALJ is required to consider the opinions of non-examining state agency medical and psychological consultants because they ‘are highly qualified physicians and psychologists, who are also experts in Social Security disability … regulations for evaluating symptoms.* The determination or decision must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly

Bianco v. Commissioner of Social Security

District Court, M.D. Florida · Sep 27, 2019

If any impairment or combination of impairments qualifies as “severe,” step two is satisfied and the claim advances to step three. Gray v. Comm’r of Soc. Sec., 550 F. … App’x 924, 926 (11th Cir. 2010) (“[T]he Social Security regulations clearly allow that the Commissioner may rely on a VE for her knowledge or expertise.”).