Halverson v. Astrue’s Empirical Analysis

Citation profile

14 federal appellate · 4 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We set forth the standard courts should follow when evaluating subjective complaints in Polaski v. Heckler, 739 F.2d 1320 (8th Cir.1984). In Polaski, we held the ALJ must consider “the claimant’s prior work history; daily activities; duration, frequency, and intensity of pain; dosage, effectiveness and side effects of medication; precipitating and aggravating factors; and functional restrictions.” Medhaug v. Astrue, 578 F.3d 805 , 816 (8th Cir.2009) (citing Polaski, 739 F.2d at 1322 ). Another factor to be considered is the absence of objective medical evidence to support the complaints, although the ALJ may not discount a claimant’s subjective complaints solely because they are unsupported by objective medical evidence. Mouser v. Astrue, 545 F.3d 634 , 638 (8th Cir.2008). The ALJ is not required to discuss each Polaski factor as long as “he acknowledges and considers the factors before discounting a claimant’s subjective complaints.” Moore v. Astrue, 572 F.3d 520 , 524 (8th Cir.2009) (citing Goff, 421 F.3d at 791 ).”

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

2. “relevant evidence that a reasonable mind might accept as adequate to support a conclusion. Substantial evidence on the record as a whole, however, requires a more scrutinizing analysis. In the review of an administrative decision, the substantiality of evidence must take into account whatever in the record fairly detracts from its weight. Thus, the court must also take into consideration the weight of the evidence in the record and apply a balancing test to evidence which is contradictory.”

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

3. “Disability is defined as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can . be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.”

   1 later decision quote this exact passage · from the majority
   e.g. Bernard v. Colvin