Moore 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “rel[ies] primarily on the DOT ... for information about the requirements of work in the national economy.”

   2 later decisions quote this exact passage · from the majority
   e.g. Washington v. Comm'r of Soc. Sec. · Lindell Washington v. Commissioner of Social Security

2. “A [vocational expert] must offer an explanation for any inconsistencies between her testimony and the DOT, which the ALJ may accept as reasonable after evaluation. See Welsh v. Colvin, 765 F.3d 926, 930 (8th Cir.2014) (com eluding that the ALJ had complied with SSR 00-4p because, in response to extensive questioning by the ALJ regarding inconsistencies, the VE offered evidence of her personal observations of the requirements of the proposed jobs arid cited to -a professional journal to support her recommendation). Absent adequate rebuttal, however, [vocational expert] testimony that conflicts with the DOT “does not constitute substantial evidence upon which the Commissioner may rely to meet the burden of proving the existence of other jobs in the economy a claimant can perform,”... The ALJ is not absolved of this duty merely because the VE responds “yes” when asked if her testimony is consistent with the DOT.”

   1 later decision quote this exact passage · from the majority
   e.g. 174 F. Supp. 3d 1058 - Stamper v. Colvin