Pelkey v. Barnhart’s Empirical Analysis
433 F.3d 575 · 2006
Citation profile
24 federal appellate · 5 district ·
How this case has been cited
Cited by 95 later decisions — most recently April 2017 · most notably Nicola v. Astrue (2007), Perks v. Astrue (2012)
24 federal appellate · 5 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 Polaski v. Heckler · Goff v. Barnhart · Guilliams v. Barnhart · Sheila J. Young v. Kenneth S. Apfel, Commissioner of Social Security · Eichelberger v. Barnhart
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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Substantial evidence is relevant evidence that a reasonable mind would accept as adequate to support the Commissioner's conclusion.”
7 later decisions quote this exact passage · from the majority“Second, Pelkey contends that the ALJ failed to consider the disability assessment by the VA. We disagree. The ALJ should consider the VA’s finding of disability, Morrison v. Apfel, 146 F.3d 625, 628 (8th Cir.1998), but the ALJ is not bound by the disability rating of another agency when he is evaluating whether the claimant is disabled for purposes of social security benefits, 20 C.F.R. § 404.1504 ; Fisher v. Shalala, 41 F.Sd 1261, 1262 (8th Cir.1994) (per curiam) (“There is no support for [the claimant’s contention that his sixty-percent service-connected disability rating equates with an inability to engage in any substantial gainful activity under social security standards.”). Although he did not specifically mention the 60 percent figure, the ALJ did not err because he fully considered the evidence underlying the VA’s final conclusion that Pelkey was 60 percent disabled. The VA’s 60 percent rating is found in an August 11, 2001, letter, while the evidence supporting that rating is located in the VA Rating Decision of August 6, 2001, which describes in detail a VA rating examination performed by Dr. Ky on May 22, 2001, and VA outpatient treatment reports, including x-rays of the spine taken on March 6, 2001, and the examination by Dr. Higley on June 28, 2001. The ALJ discussed the rating examination and Dr. Ky’s diagnosis of low back pain with degenerative changes at the LI, L2 and L5 levels of the spine and bilateral pes planus (flat feet). The ALJ also mentioned the trea”
1 later decision quote this exact passage · from the majority“first determines if the claimant engaged in substantial gainful activity. If so, the claimant is not disabled. Second, the ALJ determines whether the claimant has a severe medical impairment that has lasted, or is expected to last, at least 12 months. Third, the ALJ considers the severity of the impairment, specifically whether it meets or equals one of the listed impairments. If the ALJ finds a severe impairment that meets the duration requirement, and meets or equals a listed impairment, then the claimant is disabled. However, the fourth step asks whether the claimant has the residual functional capacity to do past relevant work. If so, the claimant is not disabled. Fifth, the ALJ determines whether the claimant can perform other jobs in the economy. If so, the. claimant is not disabled.”
1 later decision quote this exact passage · from the majority
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.