Shirley J. Vertigan v. William A. Halter, Acting Commissioner of Social Security’s Empirical Analysis
260 F.3d 1044 · 2001
Citation profile
16 federal appellate · 17 district ·
How this case has been cited
Cited by 112 later decisions — most recently May 2021 · most notably Orn v. Astrue (2007), Carmickle v. Commissioner, Social Security Administration (2008)
16 federal appellate · 17 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Richardson v. Perales · Fair v. Bowen · 16155b Dar Morgan v. Commissioner of the Social Security Administration · Gonzalez v. Sullivan · Varney v. Secretary of Health & Human Services
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 112 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“One does not need to be 'utterly incapacitated' in order to be disabled.”
5 later decisions quote this exact passage“able to go grocery shopping with assistance, walk approximately an hour in the malls, get together with her friends, play cards, swim, watch television, and read. She also took physical therapy for six months and exercised at home. The ALJ relied on this evidence to conclude that Ms. Vertigan's daily activities involved physical functions that were inconsistent with her claims of pain. Yet, these physical activities did not consume a substantial part of Ms. Vertigan's day.... In addition, activities such as walking in the mall and swimming are not necessarily transferable to the work setting with regard to the impact of pain. A patient may do these activities despite pain for therapeutic reasons, but that does not mean she could concentrate on work despite the pain or could engage in similar activity for a longer period given the pain involved. As such, we find only a scintilla of evidence in the record to support the ALJ's finding that she lacked credibility about her pain and physical limitations. As revealed by the medical reports, Ms. Vertigan's constant quest for medical treatment and pain relief refutes such a finding.”
2 later decisions quote this exact passage“In evaluating the credibility of [a] claimant’s testimony, the ALJ must consider the factors set out in [SSR] 95-5p. The factors in SSR 95-5p include daily activities and the adjudicator’s personal observations of the claimant. [SSR 95-5p]. With respect to daily activities, this court has held that if a claimant is able to spend a substantial part of [her] day engaged in pursuits involving performance of physical functions that are transferable to a work setting, a specific finding as to this fact may be sufficient to discredit a claimant’s allegations.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.