Thomas v. Berryhill’s Empirical Analysis
916 F.3d 307 · 2019
Citation profile
7
cited by 7 later decisions
June 2023
most recently cited
Relationships
Relies on Mascio v. Colvin · Bird v. Commissioner of Social Security Administration · Pearson v. Colvin · Martin v. Lloyd · United States v. Hall
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“But even if the [vocational expert] answers 'no,' the ALJ has an affirmative 'duty to make an independent identification of apparent conflicts.' " Id. (quoting Pearson v. Colvin , 810 F.3d 204 , 210 (4th Cir. 2015) ). "This means that the ALJ must recognize and resolve ways in which a VE's testimony 'seems to, but does not necessarily,' conflict with the 'express language' of the DOT-even if the conflict is not 'obvious.' " Id. (quoting Pearson , 810 F.3d at 209 ). The United States Court of Appeals for the Fourth Circuit's decisions in Pearson and Thomas provide helpful examples of what makes a conflict "apparent.”
1 later decision quote this exact passage · from the majority“jobs that involve only 'short, simple instructions.' " Id. at 310 . After being advised of the claimant's RFC, a vocational expert testified that an individual with such limitations could work as a marker, final inspector, or order caller. Id. at 311 . Yet, according to the DOT, all three of the jobs identified by the vocational expert "require employees to carry out detailed but uninvolved written or oral instructions.”
1 later decision quote this exact passage · from the majority“Id. The Commissioner typically seeks to meet this burden through the testimony of a vocational expert. Id. Specifically, as in this case, the Law Judge asks a vocational expert to testify as to whether a hypothetical person with the same limitations as the claimant would be able to perform any of the jobs listed in the DOT. Id. The Law Judge”
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.