Ruth M. MARTIN v. Sec'y OF HEALTH & HUMAN Servs., 735 F.2d 1008 (6th Cir. 1984). · Go Syfert
Ruth M. MARTIN v. Sec'y OF HEALTH & HUMAN Servs., 735 F.2d 1008 (6th Cir. 1984). Cases Citing This Book View Copy Cite
33 citation events (14 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Cited for
At page 1010 Evaluating pain claims based on hearing demeanor25 citing casesWhile we recognize that observation and credibility are factors in this complicated equation, and as such are material, relevant, and admissible, we cannot allow the dismissal of a claim for pain solely on the ALJ’s observations at the hearing.3 citing courts put it this way
  • Barber v. Comm'r of Soc. Sec., No. 1:20-cv-00064 (M.D. Tenn. Jan. 24, 2022).
    (While we recognize that observation and credibility are factors in this complicated equation, and as such are material, relevant, and admissible, we cannot allow the dismissal of a claim for pain solely on the ALJ’s ob…)
  • Curlett v. Comm'r of Soc. Sec., No. 3:20-cv-00185 (S.D. Ohio July 27, 2021).
    (observations of a claimant’s behavior at a hearing are ‘material, relevant, and admissible’ factors for the ALJ’s consideration.)
  • Payne, No. 1:25-cv-01842 (N.D. Ohio Sept. 10, 2026).
    Servs., 735 F.2d 1008, 1010 (6th Cir. 1984).
  • Day v. SSA, No. 5:25-cv-00006 (E.D. Ky. July 10, 2025).
    Sec., 656 F. App’x 162, 171 (6th Cir. 2016) (quoting Martin v. Sec’y of Health and Human Servs., 735 F.2d 1008, 1010 (6th Cir. 1984)).
  • Fyffe v. Comm'r of Soc. Sec. Admin., No. 1:21-cv-00332, 2022 WL 2176538 (N.D. Ohio June 16, 2022).
    Servs., 735 F.2d 1008, 1010 (6th Cir. 1984).
  • Sorrell v. Comm'r of Soc. Sec., 656 F. App'x 162 (6th Cir. 2016).unpublished 2 cites
    Martin v. Sec’y of Health and Human Servs., 735 F.2d 1008, 1010 (6th Cir. 1984).
  • Kara Downs v. Comm'r of Soc. Sec., 634 F. App'x 551 (6th Cir. 2016).unpublished
    Although this court has previously rejected the "sit and squirm” test as the sole basis for discrediting a claimant’s complaints of physical pain, Martin v. Sec’y of Health & Human Servs., 735 F.2d 1008, 1010 (6th Cir.1984) (quoting Weaver…
  • Betty J. Grigsby v. Comm'r of Soc. Sec., 57 F.3d 1069 (6th Cir. 1995).published
    Martin v. Secretary of Health and Human Servs., 735 F.2d 1008, 1010 (6th Cir.1984). 7 Grigsby contends that she suffers from disabling pain.
  • Frederick Weaver v. Sec'y of Health & Human Servs., 34 F.3d 1069 (6th Cir. 1994).unpublished
    Martin v. Secretary of Health and Human Servs., 735 F.2d 1008, 1010 (6th Cir.1984).
  • Paul Eugene Bryan v. Sec'y of Health & Human Servs., 30 F.3d 133 (6th Cir. 1994).unpublished
    Martin v. Secretary of Health and Human Servs., 735 F.2d 1008, 1010 (6th Cir.1984).
Show 15 more citing cases
  • Roger Hartman v. Sec'y of Health & Human Servs., 23 F.3d 407 (6th Cir. 1994).published
    Martin v. Secretary of Health and Human Servs., 735 F.2d 1008, 1010 (6th Cir.1984).
  • James B. Crawford v. Sec'y of Health & Human Servs., 995 F.2d 1066 (6th Cir. 1993).unpublished
    Martin v. Secretary of Health and Human Servs., 735 F.2d 1008, 1010 (6th Cir.1984) (citing Weaver v. Secretary of Health and Human Servs., 722 F.2d 310, 312 (6th Cir.1983)).
  • Charles A. Smith v. Louis W. Sullivan, 907 F.2d 151 (6th Cir. 1990).unpublished
    Weaver v. Secretary of Health and Human Services, 722 F.2d 310 (6th Cir.1983); Martin v. Secretary of Health and Human Services, 735 F.2d 1008, 1010 (6th Cir.1984). 14 In Duncan v. Secretary of Health and Human Services, 801 F.2d 847 (6th…
  • Paula J. Boles v. Sec'y of Health & Human Servs., 798 F.2d 468 (6th Cir. 1986).unpublished
    In Martin v. Secretary of Health & Human Services, 735 F.2d 1008, 1010 (6th Cir.1984), the administrative law judge's rejection of the claimant's allegations of pain was reversed by this Court because it was based solely on the administrat…
  • Meyers v. Heckler, 625 F. Supp. 228 (S.D. Ohio 1985).published
    Martin v. Secretary of Health & Human Services, 735 F.2d 1008, 1010 (6th Cir.1984) (citing Weaver v. Secretary of Health & Human Services, 722 F.2d 310, 312 (6th Cir.1983)).
  • Morreale v. Heckler, 595 F. Supp. 907 (E.D. Mich. 1984).published
    King v. Heckler, 742 F.2d 968 at 975 (6th Cir. August 30, 1984); Martin v. Secretary, 735 F.2d 1008, 1010 (6th Cir.1984); Weaver v. Secretary, 722 F.2d 310, 312 (6th Cir.1983).
  • Robert B. KING v. Margaret HECKLER, 742 F.2d 968 (6th Cir. 1984).published 2 cites
    Martin v. Secretary of Health and Human Services, 735 F.2d 1008, 1010 (6th Cir.1984) Weaver v. Secretary of Health and Human Services, 722 F.2d 310, 312 (6th Cir.1984).
  • Cheryl Minor v. Comm'r of Soc. Sec., 513 F. App'x 417 (6th Cir. 2013).unpublished
    (disallowing “the dismissal of a claim for pain solely on the ALJ’s observations at the hearing)
  • Georgetta Thoroughman v. Shirley S. Chater, 91 F.3d 144 (6th Cir. 1996).unpublished
    See Martin v. Secretary of Health and Human Servs., 735 F.2d 1008, 1010 (6th Cir.1984).
  • Edith M. Coleman v. Shirley S. Chater, 86 F.3d 1155 (6th Cir. 1996).unpublished
    See Martin v. Secretary of Health and Human Servs., 735 F.2d 1008, 1010 (6th Cir.1984).
  • Roger Moore v. Comm'r of Soc. Sec., 57 F.3d 1070 (6th Cir. 1995).published
    See Martin v. Secretary of Health and Human Servs., 735 F.2d 1008, 1010 (6th Cir.1984).
  • Vinnie Johnson v. Sec'y of Health & Human Servs., 985 F.2d 560 (6th Cir. 1993).unpublished
    See Martin v. Secretary of Health and Human Services, 735 F.2d 1008, 1010 (6th Cir.1984).
  • Wilson v. SSA, No. 5:18-cv-00547 (E.D. Ky. Sept. 26, 2019).
    In support, Wilson relies on Martin v. Sec’y of Health and Human Servs., claiming that the ALJ should not have made this finding as “it amounts to a ‘sit and squirm’ test.” [DE 13-1 at 12, PageID #1790]; see also, 735 F.2d 1008, 1010 (6th…
  • Trudell ex rel. Bushong v. Apfel, 130 F. Supp. 2d 891 (E.D. Mich. 2001).published
    See also Martin v. Sec’y of Health and Human Servs., 735 F.2d 1008, 1010 (6th Cir.1984); Weaver v. Sec’y of Health and Human Servs., 722 F.2d 310, 312 , (6th Cir.1983).
  • Maria Saad v. Sec'y, H.H.S., 884 F.2d 580 (6th Cir. 1989).unpublished
    See Mullen v. Bowen, 800 F.2d 535, 545 (6th Cir.1986) (stating, "there is a zone of choice within which the decisionmakers can go either way, without interference by the courts"); Kinsella v. Schweiker, 708 F.2d 1058 (6th Cir.1983) (statin…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Ruth M. Martin
v.
Secretary of Health and Human Services
83-1114.
Court of Appeals for the Sixth Circuit.
Jun 11, 1984.
Published opinion
735 F.2d 1008
1984 U.S. App. LEXIS 21664
Also reported at 5 Soc. Sec. Rep. Serv. 311; Unempl. Ins. Rep. (CCH) 15,349
R. Duncan MacDonald (argued), Flint, Mich., for plaintiff-appellant., Robert W. Haviland, Asst. U.S. Atty., Flint, Mich., Robert Martinez (argued), Dallas, Tex., for defendant-appellee.
Lively, Edwards, Timbers.
Cited by 27 opinions  |  Published
GEORGE CLIFTON EDWARDS, Jr., Circuit Judge.

Appellant in this case is now a middle-aged woman who has worked as a bus driver, an assembly worker, and an inspector. The problems which relate to her disability claim under the Social Security Act, 42 U.S.C.A. §§ 416(i) and 423 (West 1983), are occasioned by the fact that she suffers from a congenital lumbar abnormality for which she first sought treatment in 1974. In 1976 she had a lumbar laminectomy and spinal fusion. As a result of these operations she was able to return to work on a light assembly job where she had the option of sitting, standing or moving in assembling small plastic parts.

She was promoted to floor inspector. On December 22, 1978, while performing that work, she slipped on a plastic part that had fallen on the floor, falling hard on her hands and knees and, according to her testimony before the Administrative Law Judge, has lived in constant pain ever since that fall.

The record appears to this court to show that appellant has repeatedly sought to return to work, but asserts that she cannot because of the continual pain, which she describes in the following fashion:

The frequency is continual. It never stops. I really don’t know how to describe it. It’s just an overbearing, over — just a constant, constant pain— steady. It’s not an ache. It’s a pain. It’s always there. Sometimes I can tolerate it and sometimes it’s severe, I can just do nothing but lay down. I am uncomfortable all the time. It’s a deep-set pain. It’s not a surface pain, it’s a deep-set pain.

Twice since the accident she has sought to go back to work. The first attempt lasted five days. Thereafter she tried to return to work for her previous employer feeding light plastic pieces into a machine. This she had to quit because “the standing and sitting while I was working was increasing the pain to the point where it was unbearable.” She also participated in a rehabilitation program with Goodwill Industries and tried out working four hours a day for three weeks at light clerical work. This work involved both sitting and standing, but, again, her testimony is that she was unable to continue because of pain.

Medical reports of her condition in 1979 include back x-rays which indicated degenerative arthritis and a discrepancy in the constructed sacral base, which was found to be 2.97 centimeters too low on the right.[*1010] The diagnosis was acute sacroiliac strain, and acute lumbar myositis. A subsequent lumbar myelogram was within normal limits, but there are numerous medical reports thereafter indicating L4-5 nerve root irritation and “persistent back pain, varying in severity.”

Although the Administrative Law Judge who recommended denial of her Social Security claim “found claimant’s candor to be excellent,” he nonetheless deduced from her demeanor at the hearing that her claim of severe and disabling pain was not substantiated. This court has recently dealt with a comparable situation in Weaver v. Secretary of HHS, 722 F.2d 310 (6th Cir.1983):

Additionally, we find that the AU did not deal correctly with the issue of pain. The AU discounted Weaver’s complaints of pain, as we read the AU’s opinion, solely on the basis of his own observation of Weaver at the hearing. While we recognize that observation and credibility are factors in this complicated equation, and as such are material, relevant, and admissible, we cannot allow the dismissal of a claim for pain solely on the AU’s observations at the hearing. This procedure amounts to the infamous and thoroughly discredited “sit and squirm” test. We do not imply that there was no evidence in the record from which the AU could not draw the inference of a lack of pain. However, the AU must cite some other evidence for denying a claim for pain in addition to personal observation.

722 F.2d at 312.

On the whole record, we conclude that appellant is disabled from any substantial, gainful employment within the meaning of the Social Security Act. We remand to the District Court, to remand to the Secretary for the award of benefits.