Kemp v. Colvin’s Empirical Analysis

Citation profile

6 federal appellate ·

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

1. “apparent unresolved conflict[s] " between VE evidence and the DOT. Id. at (emphasis added). But it does not impose a duty on the ALJ to obtain a reasonable explanation when the VE simply testifies to information not found in the DOT-but that does not conflict with it. We have previously held that SSR 00-4p places an affirmative responsibility on the ALJ "to ask about 'any possible conflict' between VE evidence and the DOT, and to obtain an explanation for any such conflict, before relying on VE evidence to support a determination the claimant is not disabled.”

   2 later decisions quote this exact passage · from the majority
   e.g. Courtney v. Comm'r, Soc. Sec. Admin. · Chantel Courtney v. Commissioner, Social Security

2. “extending the hands and arms in any direction ,”

   1 later decision quote this exact passage · from the majority
   e.g. Lockwood v. Comm'r of Soc. Sec. Admin.