Case law

Webb v. Social Security Administration

District Court, N.D. Oklahoma · Mar 22, 2022

Standard of Review The Social Security Act (the Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability … See SSR 16-3p (ALJ’s decision must provide “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 any subsequent

Mccoy v. Social Security Administration

District Court, N.D. Oklahoma · Dec 20, 2023

Standard of Review The Social Security Act (Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability. … But the plaintiff’s brief clearly asserts that the ALJ could not properly rely on the plaintiff’s failure to pursue treatment, when the plaintiff presented evidence that he could not afford further surgeries or physical

Hamilton

District Court, N.D. Oklahoma · Mar 23, 2026

But even if he had, this Court is not persuaded that the state district court’s merits adjudication of claim three resulted in a decision that is either contrary to or based on an unreasonable application of clearly established … Even assuming without deciding that a prison lockdown of unspecified duration qualifies as an extraordinary circumstance, this does not provide Mr.

Anderson v. AHS Hillcrest Medical Center, LLC

District Court, N.D. Oklahoma · Aug 10, 2021

Appx. 841, 851 n. 7 (10th Cir. 2016) (“To qualify as protected opposition the employee must convey to the employer his or her concern that the employee has engaged in a practice made unlawful by the ADEA. … Kan. 1995) (“protected activity clearly does not include those situations where the opposition relates not to unlawful employment practices but to a personal grievance.”).

Bridge v. Social Security Administration

District Court, N.D. Oklahoma · Dec 29, 2023

Second, once such impairment(s) are established, the ALJ must then evaluate the intensity and persistence of the symptoms, so she can determine how the symptoms limit the claimant’s capacity to work. … In other instances, while the ALJ did not reference the exact notations Plaintiff cites, she clearly reviewed and referred to the exhibits containing those notations.

Lavine v. Social Security Administration

District Court, N.D. Oklahoma · Mar 29, 2024

Walsh, M.D., on October 23, 2020, to establish care as a new patient after moving to Oklahoma from Oregon. … A claimant’s subjective complaints of pain or other symptoms alone cannot establish disability. See 20 C.F.R. §§ 404.1529(a), 416.929(a).

Towns v. Social Security Administration

District Court, N.D. Oklahoma · Mar 31, 2024

At step two, the claimant must establish an impairment or combination of impairments that is severe. See Lax, 489 F.3d at 1084. … (AR 1485) Clearly, the Claimant would not be able to focus on detailed instructions if she were consistently experiencing scattered thoughts.

Bishop v. Smith

112 F. Supp. 3d 1231 · District Court, N.D. Oklahoma · May 1, 2015

Warner assisted Holladay throughout the litigation, knew the history and facts of the case, and had established a long-term relationship with the clients. … Having listened to the Tenth Circuit oral arguments in this case and in Kitchen , it was apparent to me that the judges clearly thought the same thing. (Jorgensen Aff. ¶ 5.)

Fulton v. Social Security Administration

District Court, N.D. Oklahoma · Aug 29, 2023

Standard of Review The Social Security Act (the Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability. … Discussion The plaintiff’s brief asserts a range of arguments that are not clearly delineated.

Drenner v. United States

District Court, N.D. Oklahoma · Nov 17, 2021

Sepsis is a multi-organ immune response to an infectious condition. (PX 97, p. 9, ll. 20-25, p. 10, ll. 1-10, p. 12, ll. 7-23). Dr. … Green stated in his 2016 report that he was not qualified to say whether Mr.

Praytor v. SSA

District Court, N.D. Oklahoma · Sep 30, 2021

Standard of Review The Social Security Act (the Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability. See 42 U.S.C. § 423. … The medical record, as outlined above, clearly reflects that Plaintiff continued to regularly seek treatment for pain once the relief received from medications and injections receded.

United States v. Osage Wind, LLC

District Court, N.D. Oklahoma · Jan 16, 2021

Defendants seek to establish their subjective good faith in the legality of their conduct by presenting a “detailed legal analysis,” i.e., the legal advice, of their outside counsel. … Application of the more lenient Hearn test even more clearly results in waiver.

Fain v. Social Security Administration

District Court, N.D. Oklahoma · Apr 12, 2021

Five-Step Agency Process The Social Security Act (Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability. … 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

Rodriguez v. Zurich American Insurance Company

District Court, N.D. Oklahoma · Feb 5, 2020

Co. of America, 300 F.3d 1197, 1202 (10th Cir. 2002) (court may supplement administrative record in de novo review only “when circumstances clearly establish that additional evidence is necessary to conduct an adequate … These supplemental documents not in the administrative record establish only that Zurich may have not followed best practices in training their employees as to “date of loss,” which, as addressed below, does not establish

Byrne v. Social Security Administration

District Court, N.D. Oklahoma · Sep 30, 2022

Standard of Review The Social Security Act (the Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability … Clifford’s opinion not persuasive, noting “[plaintiff] clearly has a severe impairment that causes more than minimal limitations.” Id. B.

Cuyler v. BOKF, NA

District Court, N.D. Oklahoma · Jul 8, 2020

For these offerings, the Borrower LLC’s obligations were established in a lease agreement rather than in a Loan Agreement. … (“It is well-established in Oklahoma that the parol evidence rule does not preclude evidence of false and fraudulent representations of fact offered to establish fraud in the inducement of the execution of

Christian v. Social Security Administration

District Court, N.D. Oklahoma · Sep 13, 2021

Rather, “a physical or mental impairment must be established by objective medical evidence from an acceptable medical source.” Id. … Thus, as the definition suggests, to qualify as a symptom, claimants must actually describe their perceived impairments.

Allen v. Social Security Administration

District Court, N.D. Oklahoma · Dec 21, 2021

Standard of Review The Social Security Act (the Act) provides disability insurance benefits to qualifying individuals who have a physical or mental disability. See 42 U.S.C. § 423. … Lindsay clearly reflect that Plaintiff should be limited in her interactions with coworkers and supervisors and should have no interaction with the general public. The ALJ states he found the opinions of Dr.

Murphy v. Social Security Administration

District Court, N.D. Oklahoma · Feb 19, 2020

The ALJ clearly considered Listings §§ 112.10 and 112.11 as he specifically noted: At the hearing, Mr. McTighe argued listing 112.10. … An impairment that manifests only some of the criteria, no matter how severely, does not qualify. Sullivan v. Zebley, 493 U.S. 521, 531, 110 S.Ct. 885, 891, 107 L.Ed.2d 967 (1988).

Xiong

District Court, N.D. Oklahoma · Sep 10, 2026

established” Supreme Court precedent; (2) “involved an unreasonable application of clearly established” Supreme Court precedent; or (3) “was based on an unreasonable determination of the facts in light of the evidence … The Maples Court restated the general rule that “[n]egligence on the part of a prisoner’s postconviction attorney does not qualify as ‘cause’” to excuse a procedural default. Id.; see also id.