Case law

Fletcher v. Commissioner of Social Security

District Court, S.D. Ohio · Dec 28, 2020

Sec., 348 F.3d 124, 125 (6th Cir. 2003). ”An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan v. … Although Plaintiff clearly disagrees with the ALJ’s conclusion, the RFC findings on the record presented appear to be well within the zone of reasonable choice and are supported by substantial evidence.

Hosbrook v. Ethicon, Inc.

District Court, S.D. Ohio · Sep 29, 2021

A court should not make a ruling jn /imine unless the moving party meets its burden of showing that the evidence in question is clearly inadmissible. /ndiana Ins. Co., 326 F. Supp.2d at 846; Koch, 2 F. … excludes all of Defendants’ testimony, including from their medical directors and licensed physicians employed to assess the safety and efficacy of the Prolift, as well as testimony from their expert witnesses who are qualified

Thompson v. Commissioner of Social Security

District Court, S.D. Ohio · Apr 18, 2022

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., 544 F. … Listing 12.04 establishes the criteria for depressive, bipolar, and related disorders. See 20 C.F.R. Pt. 404, Subpt.

Lurry v. Commissioner of Social Security

District Court, S.D. Ohio · Oct 13, 2021

attaining age 18: With respect to the alleged seizure symptoms, from the filing date in September 2017 through the [Plaintiff]’s 18th birthday in January 2018, the record clearly … Moreover, state agency medical consultants are highly qualified physicians who are experts in the evaluation of the medical issues in disability claims under the Act.

Perkins v. Commissioner of Social Security

District Court, S.D. Ohio · Jun 6, 2023

Legal Framework for Disability Determinations To qualify for disability benefits, a claimant must suffer from a medically determinable physical or mental impairment that can be expected to result … Prior to the established disability onset date, the [plaintiff] was a younger individual age 18-49.

Honeycutt v. Commissioner of Social Security

District Court, S.D. Ohio · Mar 25, 2024

Based on these findings, the ALJ concluded that Plaintiff was not under a benefits-qualifying disability since January 26, 2021, the date the application was filed. … Curell’s opinion. 19 from two highly qualified medical experts and found Dr.

Woodard v. O'Brien

District Court, S.D. Ohio · Dec 4, 2020

The Court should not grant a motion to strike if “the insufficiency of the defense is not clearly apparent, or if it raises factual issues that should be determined on a hearing on the merits.” … As discussed in this Court’s review and denial of Defendant’s Motion to Dismiss, the majority of courts in the Sixth Circuit and elsewhere have determined that debts founded on dishonored or bad checks qualify as “debts

Hawk v. Commissioner of Social Security

District Court, S.D. Ohio · Feb 1, 2021

“It is well established that an ALJ is not required to “discuss every piece of evidence in the record to substantiate [his] decision.” Conner v. Comm'r of Soc. Sec., 658 F. … While the ALJ did not recite the exact quote outlined by Plaintiff above, she clearly conserved such evidence.

Simpson

District Court, S.D. Ohio · Mar 6, 2026

Legal Framework for Disability Determinations To qualify for disability benefits, a claimant must suffer from a medically determinable physical or mental impairment that can be expected to result … 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 articulated so the individual

Northland Power v. General Electric, Co.

105 F. Supp. 2d 775 · District Court, S.D. Ohio · Jun 4, 1999

Kvaerner further argues that it satisfies the Kaverit Steel test because several sections of the 1993 Purchase Agreement are “clearly germane” to Kvaerner’s defenses. … Chromizing asserts that its remanufacture of the coatings and general repair of the blades qualifies it as a manufacturer who supplied a “good” for Plaintiffs’ use within the context of what was primarily a sales — and not

Equity Resources, Inc. v. T2 Financial LLC, d/b/a Revolution Mortgage

District Court, S.D. Ohio · Mar 8, 2024

To prevail on a motion in limine, the movant must show that the evidence is clearly inadmissible. Id. … The first step in any misappropriation of trade secrets claim is to establish the existence of a trade secret.

Davita Inc. v. Marietta Memorial Hospital Employee Health Benefit Plan

District Court, S.D. Ohio · Jul 25, 2025

Defendant Marietta Memorial Hospital (“Marietta”) established and maintains the Marietta Memorial Hospital Employee Health Benefit Plan (“the Plan”). (Id. at 2). … Clearly, these statements describe a non-testifying expert’s role. See, e.g., Fed. R. Civ.

Schrichten v. Commissioner of Social Security

District Court, S.D. Ohio · Jan 19, 2022

Legal Framework for Disability Determinations To qualify for disability benefits, a claimant must suffer from a medically determinable physical or mental impairment that can be expected to result … 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 articulated so the individual and

Starr v. Commissioner of Social Security

District Court, S.D. Ohio · Apr 6, 2023

The medical evidence establishes that, since December 21, 2016, the [plaintiff] has had the following medically determinable impairments: seizure disorder, mild asthma, bipolar disorder, personality disorder, [and] cannabis … Rather, the ALJ needed to explain why he determined that Betz was limited to superficial contact as he defined it, and it is sufficient that the record not be clearly contrary to that definition.

Miller v. Commissioner of Social Security

District Court, S.D. Ohio · Jul 18, 2024

Faust’s opinions unpersuasive is clearly articulated and supported by substantial evidence. … The ALJ carefully considered the totality of the evidence, applied the proper standards, and clearly explained her persuasiveness findings.

Cutshall v. Commissioner of Social Security

District Court, S.D. Ohio · Feb 10, 2023

She presented in June 2020 to establish with a new primary care physician, and it was noted that she was on Reglan, Compazine, and Zofran which helps “to an extent” (Exhibit 14F/1). … In sum, the ALJ clearly considered the opinion’s consistency with the entirety of the evidence and sufficiently explained her decision to enable review by the Court.

Leeper v. HealthScope Benefits

District Court, S.D. Ohio · Mar 18, 2020

According to the Sixth Circuit: In order to establish a claim of harassment under the ADA, [42 U.S.C. § 12101 et seq.,] a plaintiff must establish that (1) she was disabled; (2) she was subject to unwelcome … In order to establish a prima facie case of discriminatory discharge under the ADA, the plaintiff must show: 1) that he is disabled; 2) that he is otherwise qualified for his previous position with [the defendant

Securities and Exchange Commission v. Crofters, Inc.

351 F. Supp. 236 · District Court, S.D. Ohio · Aug 10, 1972

At this meeting Howard told Clark that Four Seasons qualified to borrow as much as $25-30 million from Ohio and that the state’s money was available for two to five year loans at interest of 8% % to 9 V2 %. … In addition, it is well established that proof of scienter is not necessary to justify preliminary injunctive relief. See Securities & Exchange Commission v.

Kennedy v. Commissioner of Social Security

District Court, S.D. Ohio · Jan 13, 2021

App’x 419, 425 (6th Cir. 2015) (“Read together, Drummond and Acquiescence Ruling 98-4(6) clearly establish that a subsequent ALJ is bound by the legal and factual findings of a prior ALJ unless the claimant presents new … Sherk as a “treating physician,” the Undersigned has some doubt as to whether he qualifies as such for purposes of social security regulations.

Minerd v. Commissioner of Social Security

District Court, S.D. Ohio · Jan 13, 2022

Based on these findings, the ALJ concluded that Plaintiff was not under a benefits-qualifying disability. Id. at 45. … In short, ALJ Adkins carefully considered the totality of the evidence, applied the proper standards, and clearly explained his credibility findings.