Case law

McClough v. Commissioner of Social Security Administration

District Court, N.D. Ohio · Jan 31, 2023

The burden then shifts to the Commissioner at Step Five to establish whether the claimant has the residual functional capacity (RFC) to perform available work in the national economy. Id. … In the normal course, as a result, the ALJ need not discuss listings that the applicant clearly does not meet, especially when the claimant does not raise the listing before the ALJ.

United States of America v. Miraca Life Sciences, Inc.

District Court, N.D. Ohio · Jul 14, 2020

In their Motion, Defendants clearly raised the argument that Relator failed to plead the FCA presentment requirement with particularity under the general standard articulated by the Sixth Circuit. … The Sixth Circuit found that these factual allegations, taken together, were sufficient to establish with particularity that the defendant “submitted a claim for payment,” as they described when, where, and how the defendant

Skyworks, Ltd. v. Centers for Disease Control and Prevention

District Court, N.D. Ohio · Mar 10, 2021

To establish injury in fact, a plaintiff must show that it suffered “an invasion of a legally protected interest” that is “concrete and particularized” and “actual or imminent, not conjectural or hypothetical.” … When Congress ratifies prior actions, however, it must do so clearly and “explicitly so declare[].” See Heinszen, 206 U.S. at 390 (citing Lincoln v. United States, 202 U.S. 484, 498 (1906)).

Curry v. Commissioner of Social Security

District Court, N.D. Ohio · Aug 23, 2019

The social security regulations establish a two-step process for evaluating pain. See 20 C.F.R. § 404.1529, SSR 16-3p5. … “If ... the record raises a substantial question as to whether the claimant could qualify as disabled under a listing, the ALJ should discuss that listing.” Sheeks v. Comm’r of SSA, 544 Fed.

Ferguson v. Commissioner of Social Security

District Court, N.D. Ohio · Feb 28, 2022

Ferguson and her sister met with CCMHC Qualified Mental Health Specialist (“QMHS”) Jaimie Rice at their home for community psychiatric supportive treatment (“CPST”). (Tr. 1035.) Ms. … The findings are clearly relevant to Dr. Brown’s opinions that Ms.

Windsor v. Commissioner of Social Security

District Court, N.D. Ohio · Aug 27, 2019

Therefore, in order to be entitled to POD and DIB, Windsor must establish a continuous twelve month period of disability commencing between these dates. … Nonetheless, because “State agency medical and psychological consultants and other program physicians, psychologists, and other medical specialists are highly qualified physicians, psychologists,” ALJs must consider their

White v. Commissioner of Social Security Administration

District Court, N.D. Ohio · Feb 3, 2025

On April 13, 2021, White met with Alison Myers, M.D., to establish care. (Tr. 443). … The ALJ “need not discuss listings that the [claimant] clearly does not meet, especially when the claimant does not raise the listing before the ALJ.” Sheeks v. Comm’r of Soc. Sec. Admin., 544 F.

White v. Commissioner of Social Security Administration

District Court, N.D. Ohio · Feb 6, 2025

White with securing and maintaining employment, including issues establishing a regular meeting time and keeping scheduled meetings. (Tr. 89-90.) Mr. … Thus, the records clearly reflect that Mr.

Reed v. Commissioner of Social Security Administration

District Court, N.D. Ohio · Mar 26, 2021

Hajjiri was leaving and he wanted to establish care with a new physician (Dr. Ziv) prior to proceeding with the procedure. Tr. 3303. … Sousa had an ongoing treatment relationship to qualify her as “treating physician.” For purposes of summarizing the medical opinion evidence, the two physical capacity assessments that Plaintiff attributes to Dr.

Black v. Commissioner of Social Security

District Court, N.D. Ohio · Feb 3, 2021

The burden shifts to the Commissioner at Step Five to establish whether the claimant has the RFC and vocational factors to perform work available in the national economy. … Vargo is not a qualified mental health specialist. Her opinion regarding the claimant's mental limitations is also grossly inconsistent with the claimant's psychiatric treatment notes and Dr.

Keyse v. Commissioner of Social Security

District Court, N.D. Ohio · Mar 31, 2021

State agency psychological consultants are considered highly-qualified experts in disability evaluation, and the ALJ must explain any rejection of the state- agency doctor’s opinions. … In addition, it is well-established that ALJs may not make medical judgments. See Meece v. Barnhart, 192 Fed.