Case law

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.

Scott v. Bridges

District Court, E.D. Oklahoma · Aug 7, 2023

In Magwood, the Supreme Court found a resentencing constituted a new judgment but offered no further guidance on what other proceedings qualify as a “new judgment.” Id., 561 U.S. at 331; United States v. … Clearly, Petitioner knew or should have known this Court lacks jurisdiction. See In re Cline, 531 F.3d at 1251.

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.

Glossip v. Chandler

District Court, W.D. Oklahoma · Jan 14, 2022

But, oddly enough, one thing that is not quite clear from the three Supreme Court cases is whether this court’s reckoning of the degree of pain required to qualify as “cruel” within the meaning of the Eighth Amendment is … a person deeply se- dated by a 500 milligram dose of midazolam is still sure or very likely to experience an unconstitutionally high level of pain, Henness has not met his burden on this prong, and the district court clearly

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.

Sagacity, Inc. v. Cimarex Energy Co.

District Court, E.D. Oklahoma · Nov 8, 2023

Additionally, they assert they are qualified to prosecute the claims on behalf of Plaintiff and the proposed Class. … The superiority prong of Rule 23(b)(3) is clearly established in this case.”) (quoting Green v. Wolfe Corp., 406 F.2d 291, 301 (2d. Cir. 1968)). G.

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

In Re ELRS Loss Mitigation, LLC

325 B.R. 604 · United States Bankruptcy Court, N.D. Oklahoma · Jun 6, 2005

Of the six creditors who have filed or joined in the involuntary petition, only three are qualified to do so. The claims of those three creditors aggregate more than the statutory requirement of $12,300. … The burden of establishing that fact lies with the petitioning creditors. They have not met that burden. 48 .

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.

Tawose

District Court, W.D. Oklahoma · Jul 29, 2026

But the Court clearly anticipated further proceedings in the case, giving Plaintiff leave to amend his Complaint and declining to preclude him from amending his claims against the Winton Defendants. … The Winton Defendants have failed to meet their burden of establishing claim preclusion.

OSAGE NATION v. BD. OF COMMISSIONERS OF OSAGE COUNTY and OSAGE NATION v. OSAGE COUNTY BD. OF ADJUSTMENT

2017 OK 34 · Supreme Court of Oklahoma · May 2, 2017

The Baptist Foundation of Oklahoma , 2002 OK 57, ¶ 9, 50 P.3d 1132, 1138. 31 The former practice in Oklahoma of using a demurrer to challenge a petition allowed laches to be raised by demurrer when laches clearly appeared … standing is when plaintiff sues to secure judicial relief that would benefit a public entity or the community as a whole, but Hohfeldian standing is when a plaintiff seeks to adjudicate his or her claimed right, privilege, immunity

William James Huyck, III and Julie Anne Huyck

United States Bankruptcy Court, E.D. Oklahoma · Mar 29, 2024

Vierheller’s testimony, clearly wanted them to leave. Mr. Huyck testified that he heard an exchange between the Trustee and Mr. … Section 703 outlines the procedure for selection of a successor trustee either by election of qualified creditors or appointment by the United States trustee.

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

Garza v. Fusion Industries, LLC

District Court, W.D. Oklahoma · Mar 31, 2023

Thus, Plaintiff has established “good cause” under Rule 16(b)(4) to allow amendment out of time. See Scott v. … Kan. 2019) (“[T]he drafters of the Rule clearly contemplated that it would also apply to the addition of new plaintiffs. . . .

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.