Wagner v. Astrue’s Empirical Analysis

Citation profile

17 federal appellate · 8 district ·

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 109 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]f the ALJ's findings are supported by substantial evidence on the record as a whole,”

   4 later decisions quote this exact passage · from the majority
   e.g. Heino v. Astrue · Condon v. Berryhill

2. “The regulations provide that “unless [the ALJ] give[s] a treating source’s opinion controlling weight ... [the ALJ] considers] all of the following factors in deciding the weight [to] give to any medical opinion”: (1) examining relations[;] (2) treating relations; (3) supportability of the opinion; (4) consistency; (5) specialization; and (6) “any factors [the applicant] or others bring[s] to [the ALJ’s] attention.” 20 C.F.R. § 404.1527 (d). The regulations provide that if the ALJ finds “that a treating source’s opinion on the issue(s) of the nature and severity of [the applicant’s] impairment(s) is well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in [the applicant’s] record, [the ALJ] will give it controlling weight.” Id. at § 404.1527(d)(2) (emphasis added). “[T]he hearing examiner need not adopt the opinion of a physician on the ultimate issue of a claimant’s ability to engage in substantial gainful employment.” Qualls v. Apfel, 158 F.3d 425 , 428 (8th Cir.1998) (internal quotations and citations omitted). Likewise, while a treating physician’s opinion is generally entitled to “substantial weight,” such an opinion does not “automatically control” because the hearing examiner must evaluate the record as a whole. Wilson v. Apfel, 172 F.3d 539 , 542 (8th Cir.1999). “It is well established that an ALJ may grant less weight to a treating physician’s opinion when that opinion conflict”

   1 later decision quote this exact passage · from the majority
   e.g. Heino v. Astrue

3. ““When one-time consultants dispute a treating physician’s opinion, the ALJ must resolve the conflict between those opinions.” Cantrell v. Apfel, 231 F.3d 1104, 1107 (8th Cir.2000). “ As a general matter, the report of a consulting physician who examined a claimant once does not constitute ‘substantial evidence’ upon the record as a whole, especially when contradicted by the evaluation of the claimant’s treating physician.” Id. (internal quotations and citations omitted). This court, however, has recognized two exceptions to this general rule: We have upheld an ALJ’s decision to discount or even disregard the opinion of a treating physician (1) where other medical assessments are supported by better or more through medical evidence, or (2) where a treating physician renders inconsistent opinions that undermine the credibility of such opinions.”

   1 later decision quote this exact passage · from the majority
   e.g. Silk v. Astrue