Case law

Smith v. Commissioner of Social Security

District Court, S.D. Ohio · Mar 16, 2021

Brian Oricoli, that she says, “clearly aligns with and supports the opinion of Dr. Haggenjos.” (Id.). … “‘An impairment that manifests only some of [the] criteria, no matter how severely, does not qualify.’” Bianchetti, 2018 WL 3873577, at *4 (alteration in original) (quoting Sullivan v.

Hicks v. Commissioner of Social Security

District Court, S.D. Ohio · Jan 10, 2025

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

Crochet v. Commissioner of Social Security

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

As the court there noted, “[t]he lack of objective medical evidence to support the [treating source] opinion qualifies as a ‘good reason’ as used in 20 C.F.R. § 404.1527(c).” See also Acosta v. Comm’r of Soc. … With any impairment, a claimant must do more than merely show the presence of an impairmen. in order to 19 establish that it is disabling.

ALAN BRADFORD LINDNER, et al. v. JEFFREY S. LINDNER, et al.

District Court, S.D. Ohio · Jun 10, 2026

As further described below, however, the all-parties-in-the-amended- pleadings-matter principle comes with a potentially important qualifier—“where the plaintiff’s amended complaint adds a non-diverse defendant that … And the Sixth Circuit has yet to clearly address the matter. The leading case on Jeffrey’s side of the ledger is the Fourth Circuit’s decision in Mayes v.

Arden v. Commissioner of Social Security

District Court, S.D. Ohio · Jul 14, 2023

Has tried to establish with counselors – mainly SMH or FRS, but has never had good results. … Plaintiff argues that he “tried to establish with counselors, but had never had good results.” (Id. (citing Tr. 703)).

Allen v. Commissioner of Social Security

District Court, S.D. Ohio · Sep 24, 2021

I note that despite the social issues that he alleged, while he was initially subdued during her assessment, rapport was established. … I note that despite the social issues that he alleged, while he was initially subdued during her assessment, rapport was established.

In Re National Century Financial Enterprises, Inc., Investment Litigation

541 F. Supp. 2d 986 · District Court, S.D. Ohio · Dec 20, 2007

To qualify as “strong” within the intendment of § 21D(b)(2), we hold, an inference of scienter must be more than merely plausible or reasonable-it must be cogent and at least as *1000 compelling as any opposing inference … Credit Suisse contends that scienter cannot be established through allegations of “fraud by hindsight.” As a legal principle, this is true.

Grenauer v. Commissioner of Social Security

District Court, S.D. Ohio · Mar 1, 2023

He reasoned that [t]he[] records establish that the claimant had difficulties due traumatic brain injury, resulting cognitive disorder, and depressive disorder, but they do not document symptoms or limitations … Any error here (if there was one) is clearly harmless. See, e.g., Campbell v. Comm'r of Soc. Sec., 227 F.

Casey v. Warden, Chillicothe Correctional Institution

District Court, S.D. Ohio · Jan 17, 2025

adjudicated on the merits in State court proceedings” unless the state-court decision either: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly … He went on to say in the message that if he could get Natasha immunity, she would tell the truth about Larry.” (Id.).

Arnold v. CooperSurgical, Inc.

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

Femcare provided its own “qualified employee[s]” to CooperSurgical to assist with marketing, training, servicing the products, and for attending conferences with CooperSurgical; … Sept. 3, 2015) (“Although the plaintiff bears the burden of demonstrating facts that support personal jurisdiction, courts are to assist the plaintiff by allowing jurisdictional discovery unless the plaintiff's claim is ‘clearly

Goettelman v. Commissioner of Social Security

District Court, S.D. Ohio · Sep 28, 2022

Plaintiff further argues that the government’s position was not substantially justified because “[t]he Magistrate Judge clearly noted that the ALJ disregarded settled interpretation of the regulation in giving little weight … In these cases, the plaintiff provided an affidavit of counsel, as well as copies of publications showing average billable hourly rates nationally and in Cincinnati establishing that the requested hourly rates were in

Miller v. HG Ohio Employee Holding Corp.

District Court, S.D. Ohio · Jul 7, 2022

But this framing is belied by Defendants’ own line of argumentation, which clearly attacks the substance of Plaintiffs’ FLSA Claim. (See id.) (arguing that Ms. … And they are not only enough to establish a “factual nexus” between Ms. Burd and the rest of Plaintiffs’ putative FLSA collective, but to extend that “nexus” beyond July 25, 2021. See O’Neal v.

Singleton v. Commissioner of Social Security

District Court, S.D. Ohio · Aug 4, 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

Karmel v. Commissioner of Social Security

District Court, S.D. Ohio · Jan 7, 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

Stinson v. Davol, Inc.

District Court, S.D. Ohio · Mar 13, 2023

Burden to Establish Design Defect a. … According to Defendants, Herzog is dispositive and clearly establishes that Plaintiff cannot bring a misrepresentation claim on Dr. Tan’s behalf, nor was he the ultimate “user” of the PerFix Plug.

Wreede v. Commissioner of Social Security

District Court, S.D. Ohio · Mar 14, 2023

Plaintiff qualifies her argument before this Court by stating that she “is not asserting that the ALJ should have found [Mr. … Here, the ALJ clearly stated that she found the opinions to be only “partially persuasive.” She was not required to adopt the opinions verbatim.14 See Reeves v. Comm'r of Soc. Sec., 618 Fed.

Gregory v. Commissioner of Social Security

District Court, S.D. Ohio · Jun 17, 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

Willis v. ODRC (Ohio Department of Rehabilitation & Corrections)

District Court, S.D. Ohio · Jun 8, 2022

The Court must dismiss the Complaint, or any portion of it, that is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief … That failure to establish individual participation in the alleged violations is dispositive of all the claims against the individual defendants on this theory of recovery.”); Johnson v.

McComas v. Commissioner of Social Security

District Court, S.D. Ohio · Jul 13, 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 … Colvin, in which “the ALJ gave ‘significant’ weight to all State agency consultative psychologists without distinction” but certain elements of those opinions clearly contradicted the ALJ’s RFC determination.

State Of Ohio v. Secretary, Department of Health and Human Services

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

Accordingly, a party seeking an “injunction must establish its case by clear and convincing evidence.” Honeywell, Inc. v. … But HHS’s disagreement clearly meant only that “grant funds are spent for grant purposes.” Id.