Legal Opinion · Dissent

Robert Ellis v. Jo Anne B. Barnhart, Commissioner of Social Security Administration.

Court of Appeals for the Eighth Circuit

Decided January 3, 2005No. 03-3945Published

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

  1. Lorraine POLASKI, Et Al., Appellees, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppellantCourt of Appeals for the Eighth Circuit · 1984
  2. Sharon K. COX, Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, AppelleeCourt of Appeals for the Eighth Circuit · 1998
  3. Hamlin v. BarnhartCourt of Appeals for the Tenth Circuit · 2004
  4. Allen R. Prosch v. Kenneth S. Apfel, Commissioner of Social SecurityCourt of Appeals for the Eighth Circuit · 2000
  5. 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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