Robert Ellis v. Jo Anne B. Barnhart, Commissioner of Social Security Administration.
Court of Appeals for the Eighth Circuit
1DissentHeaney, Circuit Judge
I respectfully dissent. The administrative law judge failed to give controlling weight to the opinion of Ellis’s long-time treating physician, that Ellis was permanently and completely disabled, instead giving credence to a medical consultant who examined Ellis on a single occasion. Moreover, the ALJ improperly rejected Ellis’s testimony with respect to his inability to work because of constant debilitating pain. After a careful review, I believe that Ellis has demonstrated by substantial evidence in the record as a whole that he is entitled to disability benefits starting November 1, 2000. I…
2Cases cited16 opinions
- Lorraine POLASKI, Et Al., Appellees, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppellantCourt of Appeals for the Eighth Circuit · 1984
- Sharon K. COX, Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, AppelleeCourt of Appeals for the Eighth Circuit · 1998
- Hamlin v. BarnhartCourt of Appeals for the Tenth Circuit · 2004
- Allen R. Prosch v. Kenneth S. Apfel, Commissioner of Social SecurityCourt of Appeals for the Eighth Circuit · 2000
- Loyce McCoy v. Richard S. Schweiker, Clifford M. Stack v. Richard S. Schweiker, James D. Desedare v. Richard S. SchweikerCourt of Appeals for the Eighth Circuit · 1982
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