Legal Opinion

Fisk v. Barnhart

Court of Appeals for the Sixth Circuit

Decided November 9, 2007No. 06-4677UnpublishedCited by 161 opinions

1Opinion of the Court

SUTTON, Circuit Judge.

The Commissioner of Social Security seeks review of a district court’s judgment vacating and remanding an ALJ’s denial of benefits to Michael Fisk. On the one hand, we agree with the Commissioner that, even if the district court incorrectly assigned error to the ALJ’s ruling that some of Fisk’s impairments were not “severe,” any error was harmless. On the other hand, we agree with Fisk that the district court correctly identified a material failure by the ALJ to follow the procedural requirements of 20 C.F.R. § 404.1527(d)(2) before disregarding the opinion of Fisk’s…

2Cases cited5 opinions

  1. Robert M. Wilson v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2004
  2. Danny L. KEY, Plaintiff-Appellant, v. John J. CALLAHAN, Acting Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1997
  3. Jerome MAZIARZ, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1987
  4. John M. Valley v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2005
  5. Nelson v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2006

3Cited by161 opinions

  1. Blakley v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2009
  2. Ronald Miller v. Comm'r of Social SecurityCourt of Appeals for the Sixth Circuit · 2016
  3. Helm v. Commissioner of Social Security AdministrationCourt of Appeals for the Sixth Circuit · 2011
  4. Walton v. AstrueDistrict Court, N.D. Ohio · 2011
  5. Lorence v. AstrueDistrict Court, D. Minnesota · 2010

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