Willie O. PENDLEY, Plaintiff-Appellant, v. Margaret M. HECKLER, Sec'y of Health & Human Servs., Defendant-Appellee, 767 F.2d 1561 (11th Cir. 1985). · Go Syfert
Willie O. PENDLEY, Plaintiff-Appellant, v. Margaret M. HECKLER, Sec'y of Health & Human Servs., Defendant-Appellee, 767 F.2d 1561 (11th Cir. 1985). Cases Citing This Book View Copy Cite
153 citation events (147 in the last 25 years) across 13 distinct courts.
Strongest positive: Knapp v. Kijakazi (alsd, 2022-04-05)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Knapp v. Kijakazi
S.D. Ala. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the 'misuse of the expert's testimony alone warrants a reversal,' we do not consider the appellant's other claims.
discussed Cited as authority (verbatim quote) Jackson v. Saul
S.D. Ala. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the 'misuse of the expert's testimony alone warrants a reversal,' we do not consider the appellant's other claims.
discussed Cited as authority (verbatim quote) Gibson v. Kijakazi
N.D. Ga. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the 'misuse of the expert's testimony alone warrants reversal,' we do not consider the appellant's other claims
discussed Cited as authority (verbatim quote) Haynes v. Saul
N.D. Ga. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the 'misuse of the expert's testimony alone warrants reversal,' we do not consider the appellant's other claims
discussed Cited as authority (verbatim quote) Hadley v. Saul
S.D. Ala. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the 'misuse of the expert's testimony alone warrants reversal,' we do not consider the appellant's other claims.
discussed Cited as authority (verbatim quote) St. Rose v. Saul
N.D. Ga. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the 'misuse of the expert's testimony alone 36 warrants reversal,' we do not consider the appellant's other claims.
discussed Cited as authority (verbatim quote) Hynson v. Social Security Administration
S.D. Ga. · 2019 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
because the "misuse of the expert testimony alone warrants reversal,' we do not consider the appellant's other claims.
discussed Cited as authority (verbatim quote) Brownlow v. Berryhill
S.D. Ala. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the 'misuse of the expert's testimony alone warrants reversal,' we do not consider the appellant's other claims.
discussed Cited as authority (verbatim quote) Campbell v. Berryhill
S.D. Ala. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the 'misuse of the expert's testimony alone warrants reversal,' we do not consider the appellant's other claims.
discussed Cited as authority (verbatim quote) Dickinson v. Berryhill
S.D. Ala. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the 'misuse of the expert's testimony alone warrants reversal,' we do not consider the appellant's other claims.
discussed Cited as authority (verbatim quote) Allen v. Berryhill
S.D. Ala. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the 'misuse of the expert's testimony alone warrants reversal,' we do not consider the appellant's other claims.
discussed Cited as authority (verbatim quote) Wojciechowski v. Berryhill
S.D. Ala. · 2018 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
because the 'misuse of the expert's testimony alone warrants reversal,' we do not consider the appellant's other claims.
cited Cited as authority (rule) ROBERTS v. DUDEK
N.D. Fla. · 2025 · confidence medium
Pendley v. Heckler, 767 F.2d 1561, 1562 (11th Cir.1985).
discussed Cited as authority (rule) May v. Commissioner of Social Security
M.D. Fla. · 2025 · confidence medium
Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (holding that because the hypothetical question to the VE failed to assume the existence of psychological problems, which the ALJ found to be severe, the decision was not based on substantial evidence).
cited Cited as authority (rule) DeAngelis v. Commissioner of Social Security
M.D. Fla. · 2025 · confidence medium
Admin., No. 22-13913, 2024 WL 890133 , at *3 (11th Cir. Mar. 1, 2024) (unpublished) (citing Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985)).
cited Cited as authority (rule) Henley v. O'Malley
S.D. Ga. · 2025 · confidence medium
McSwain v. Bowen, 814 F.2d 617, 619-20 (11th Cir. 1987); Pendley v. Heckler, 767 F.2d 1561, 1562-63 (11th Cir. 1985).
cited Cited as authority (rule) Bradley v. O' Malley
S.D. Ga. · 2024 · confidence medium
McSwain v. Bowen, 814 F.2d 617, 619-20 (11th Cir. 1987); Pendley v. Heckler, 767 F.2d 1561, 1562-63 (11th Cir. 1985).
cited Cited as authority (rule) Shiver v. Commissioner of Social Security
M.D. Fla. · 2024 · confidence medium
Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (per curiam).
discussed Cited as authority (rule) (SS) Vang v. Commissioner of Social Security
E.D. Cal. · 2024 · confidence medium
Cal. 2008) 18 (“[The] Court need not address the other claims plaintiff raises, none of which would provide 19 plaintiff with any further relief than granted, and all of which can be addressed on remand.”); 20 Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (per curiam) (“Because the ‘misuse of 21 the expert’s testimony alone warrants reversal,’ we do not consider the appellant's other claims.”). 22 V.
cited Cited as authority (rule) Mockler v. Commissioner of Social Security
M.D. Fla. · 2024 · confidence medium
Wind v. Barnhart, 133 F. App’x 684, 694 (11th Cir. 2005); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985).
discussed Cited as authority (rule) Johnson v. Kijakazi
D. Idaho · 2024 · confidence medium
Cal. 2008) (“[The] Court need not address the other claims plaintiff raises, none of which would provide plaintiff with any further relief than granted, and all of which can be addressed on remand.”); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (per curiam) (“Because the ‘misuse of the expert’s testimony alone warrants reversal,’ we do not consider the appellant's other claims.”). 1989).
discussed Cited as authority (rule) (SS) Yamada v. Commissioner of Social Security
E.D. Cal. · 2024 · confidence medium
Cal. 2008) (“[The] Court need not 18 address the other claims plaintiff raises, none of which would provide plaintiff with any further relief 19 than granted, and all of which can be addressed on remand.”); Marcia v. Sullivan, 900 F.2d 172 , 177 20 n.6 (9th Cir. 1990) (“Because we remand for reconsideration of step three, we do not reach the other 21 arguments raised.”); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (per curiam) (“Because 22 the ‘misuse of the expert's testimony alone warrants reversal,’ we do not consider the appellant's other 23 claims.”). 24 /// 2…
discussed Cited as authority (rule) (SS) D'Ambrosio v. Commissioner of Social Security
E.D. Cal. · 2024 · confidence medium
Cal. 17 2008) (“[The] Court need not address the other claims plaintiff raises, none of which would 18 provide plaintiff with any further relief than granted, and all of which can be addressed on 19 remand.”); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (per curiam) (“Because the 20 ‘misuse of the expert’s testimony alone warrants reversal,’ we do not consider the appellant’s 21 other claims.”). 22 V.
discussed Cited as authority (rule) (SS) Amarante v. Commissioner of Social Security
E.D. Cal. · 2024 · confidence medium
Cal. 2008) (“[The] Court need not address the other claims 5 plaintiff raises, none of which would provide plaintiff with any further relief than granted, and all of 6 which can be addressed on remand.”); Marcia v. Sullivan, 900 F.2d 172 , 177 n.6 (9th Cir. 1990) 7 (“Because we remand for reconsideration of step three, we do not reach the other arguments raised.”); 8 Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (per curiam) (“Because the ‘misuse of the 9 expert's testimony alone warrants reversal,’ we do not consider the appellant's other claims.”). 10 CONCLUSION AN…
discussed Cited as authority (rule) (SS) Martinez v. Commissioner of Social Security
E.D. Cal. · 2024 · confidence medium
Cal. 17 2008) (“[The] Court need not address the other claims plaintiff raises, none of which would 18 provide plaintiff with any further relief than granted, and all of which can be addressed on 19 remand.”); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (per curiam) (“Because the 20 ‘misuse of the expert’s testimony alone warrants reversal,’ we do not consider the appellant's 21 other claims.”). 22 V.
discussed Cited as authority (rule) (SS) Drummond v. Commissioner of Social Security
E.D. Cal. · 2024 · confidence medium
Cal. 2008) (“[The] Court need not address 15 the other claims plaintiff raises, none of which would provide plaintiff with any further relief than 16 granted, and all of which can be addressed on remand.”); Marcia v. Sullivan, 900 F.2d 172 , 177 n.6 17 (9th Cir. 1990) (“Because we remand for reconsideration of step three, we do not reach the other 18 arguments raised.”); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (per curiam) (“Because 19 the ‘misuse of the expert's testimony alone warrants reversal,’ we do not consider the appellant's other 20 claims.”). 21 /// 2…
cited Cited as authority (rule) Lee v. Commissioner of Social Security
S.D. Ga. · 2024 · confidence medium
McSwain v. Bowen, 814 F.2d 617, 619-20 (11th Cir. 1987); Pendley v. Heckler, 767 F.2d 1561, 1562-63 (11th Cir. 1985).
discussed Cited as authority (rule) (SS) Blasl v. Commissioner of Social Security
E.D. Cal. · 2024 · confidence medium
Cal. 2008) (“[The] Court need not address the 15 other claims plaintiff raises, none of which would provide plaintiff with any further relief than granted, 16 and all of which can be addressed on remand.”); Marcia v. Sullivan, 900 F.2d 172 , 177 n.6 (9th Cir. 17 1990) (“Because we remand for reconsideration of step three, we do not reach the other arguments 18 raised.”); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (per curiam) (“Because the 19 ‘misuse of the expert's testimony alone warrants reversal,’ we do not consider the appellant's other 20 claims.”). 21 /// 2…
cited Cited as authority (rule) Bannister v. O'Malley
S.D. Ga. · 2024 · confidence medium
McSwain v. Bowen, 814 F.2d 617, 619-20 (11th Cir. 1987); Pendley v. Heckler, 767 F.2d 1561, 1562-63 (11th Cir. 1985).
cited Cited as authority (rule) Gipson v. Office of Appellate Operations
S.D. Ga. · 2023 · confidence medium
McSwain v. Bowen, 814 F.2d 617, 619-20 (11th Cir. 1987); Pendley v. Heckler, 767 F.2d 1561, 1562-63 (11th Cir. 1985).
cited Cited as authority (rule) Hemmings v. Commissioner of Social Security
M.D. Fla. · 2023 · confidence medium
Wind v. Barnhart, 133 F. App’x 684, 694 (11th Cir. 2005); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985).
cited Cited as authority (rule) Cain v. Social Security Administration, Commissioner
N.D. Ala. · 2023 · confidence medium
Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985).
cited Cited as authority (rule) Cummins v. Commissioner of Social Security
M.D. Fla. · 2023 · confidence medium
Pendley v. Heckler, 767 F.2d 1561, 1562-63 (11th Cir. 1985).
cited Cited as authority (rule) Szoke v. Commissioner of Social Security
M.D. Fla. · 2022 · confidence medium
Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985).
cited Cited as authority (rule) Tavares v. Commissioner of Social Security
M.D. Fla. · 2022 · confidence medium
Wind v. Barnhart, 133 F. App’x 684, 694 (11th Cir. 2005); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985).
discussed Cited as authority (rule) (SS) Beberian v. Commissioner of Social Security
E.D. Cal. · 2022 · confidence medium
Cal. 19 2008) (“[The] Court need not address the other claims plaintiff raises, none of which would provide 20 plaintiff with any further relief than granted, and all of which can be addressed on remand.”); Marcia 21 v. Sullivan, 900 F.2d 172 , 177 n.6 (9th Cir. 1990) (“Because we remand for reconsideration of step 22 three, we do not reach the other arguments raised.”); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th 23 Cir. 1985) (per curiam) (“Because the ‘misuse of the expert’s testimony alone warrants reversal,’ we 24 do not consider the appellant’s other claims.”). 25 C…
cited Cited as authority (rule) Devito v. Commissioner of Social Security
M.D. Fla. · 2022 · confidence medium
(Dkt. 25 at 9.) See, e.g., Wilson, 284 F.3d at 1227 ; Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985).
discussed Cited as authority (rule) Kalim v. Saul
D. Idaho · 2022 · confidence medium
Cal. 2008) (“[The] Court need not address the other claims plaintiff raises, none of which would provide plaintiff with any further relief than granted, and all of which can be addressed on remand.”); Marcia v. Sullivan, 900 F.2d 172 , 177 n. 6 (9th Cir. 1990) (“Because we remand for reconsideration of step three, we do not reach the other arguments raised.”); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (per curiam) (“Because the ‘misuse of the expert’s testimony alone warrants reversal,’ we do not consider the appellant's other claims.”).
cited Cited as authority (rule) Morgan v. Social Security Administration, Commissioner
N.D. Ala. · 2022 · confidence medium
Ala. 2001) (citing Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985)).
cited Cited as authority (rule) Clanton v. Social Security Administration, Commissioner
N.D. Ala. · 2022 · confidence medium
Plaintiff also cites Pendley v. Heckler, which was a case where the VE did not consider the existence of severe psychological problems. 767 F.2d 1561, 1563 (11 Cir. 1985).
discussed Cited as authority (rule) (SS) Childress v. Commissioner of Social Security
E.D. Cal. · 2022 · confidence medium
Cal. 21 2008) (“[The] Court need not address the other claims plaintiff raises, none of which would provide 22 plaintiff with any further relief than granted, and all of which can be addressed on remand.”); Marcia 23 v. Sullivan, 900 F.2d 172 , 177 n. 6 (9th Cir. 1990) (“Because we remand for reconsideration of step 24 three, we do not reach the other arguments raised.”); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th 25 Cir. 1985) (per curiam) (“Because the ‘misuse of the expert’s testimony alone warrants reversal,’ we 26 do not consider the appellant’s other claims.”). 27 …
discussed Cited as authority (rule) Lewis v. Social Security Administration, Commissioner
N.D. Ala. · 2022 · confidence medium
Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (holding that since the hypothetical question upon which the expert based his testimony failed to assume the existence of psychological problems, which the ALJ found to be severe, the decision was not based on substantial evidence).
discussed Cited as authority (rule) Jenkins v. Social Security Administration, Commissioner
N.D. Ala. · 2022 · confidence medium
Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (holding that since the hypothetical question upon which the expert based his testimony failed to assume the existence of psychological problems, which the ALJ found to be severe, the decision was not based on substantial evidence).
cited Cited as authority (rule) Garcia v. Commissioner of Social Security
M.D. Fla. · 2022 · confidence medium
Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985); see also Loveless v. Massanari, 136 F.Supp.2d 1245, 1250-51 (M.D.
discussed Cited as authority (rule) (SS) Lopez v. Commissioner of Social Security
E.D. Cal. · 2021 · confidence medium
Cal. 2008) (“[The] Court need not address 1 the other claims plaintiff raises, none of which would provide plaintiff with any further relief than 2 granted, and all of which can be addressed on remand.”); Marcia v. Sullivan, 900 F.2d 172 , 177 n. 6 3 (9th Cir. 1990) (“Because we remand for reconsideration of step three, we do not reach the other 4 arguments raised.”); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (per curiam) (“Because 5 the ‘misuse of the expert’s testimony alone warrants reversal,’ we do not consider the appellant’s other 6 claims.”). 7 CONCLUS…
discussed Cited as authority (rule) Peoples v. Social Security Administration, Commissioner
N.D. Ala. · 2021 · confidence medium
Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (holding that since the hypothetical question upon which the expert base his testimony failed to assume the existence of psychological problems, which the ALJ found to be severe, the decision was not based on substantial evidence).
discussed Cited as authority (rule) Castro v. Commissioner of Social Security (2×) also: Cited "see"
M.D. Fla. · 2021 · confidence medium
Wind v. Barnhart, 133 F. App’x 684, 694 (11th Cir. 2005); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985).
discussed Cited as authority (rule) Mallard v. Social Security Administration, Commissioner
N.D. Ala. · 2021 · confidence medium
A hypothetical question to the VE is inadequate if it does not include all of the claimant’s limitations and if “[the court] cannot assume that the [VE] would have answered in a similar manner had the ALJ instructed [the VE] to consider all of the [claimant’s] severe impairments.” Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985).
discussed Cited as authority (rule) (SS) Dobbs v. Commissioner of Social Security
E.D. Cal. · 2021 · confidence medium
Cal. 9 2008) (“[The] Court need not address the other claims plaintiff raises, none of which would provide 10 plaintiff with any further relief than granted, and all of which can be addressed on remand.”); Marcia 11 v. Sullivan, 900 F.2d 172 , 177 n. 6 (9th Cir. 1990) (“Because we remand for reconsideration of step 12 three, we do not reach the other arguments raised.”); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th 13 Cir. 1985) (per curiam) (“Because the ‘misuse of the expert’s testimony alone warrants reversal,’ we 14 do not consider the appellant’s other claims.”). 15 C…
cited Cited as authority (rule) Hedges v. Commissioner of Social Security
M.D. Fla. · 2021 · confidence medium
Wind v. Barnhart, 133 F. App’x 684, 694 (11th Cir. 2005); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985).
Retrieving the full opinion text from the archive…
10 soc.sec.rep.ser. 261, unempl.ins.rep. Cch 16,257 Willie O. Pendley
v.
Margaret M. Heckler, Secretary of Health and Human Services
85-7099.
Court of Appeals for the Eleventh Circuit.
Aug 12, 1985.
767 F.2d 1561
George W. Harris, Legal Services Corp. of Alabama, Inc., Tuscaloosa, Ala., for plaintiff-appellant., Mark E. Tippins, Birmingham, Ala., for defendant-appellee.
Vance, Henderson, Clark.
Cited by 121 opinions  |  Published
PER CURIAM:

The appellant, Willie 0. Pendley, appeals a final decision of the Secretary of Health and Human Services denying his applications for disability insurance benefits and supplemental security income. The district court affirmed the Secretary’s decision. Because the Administrative Law Judge’s (AU’s) decision is not supported by substantial evidence, we reverse the judgment of the district court.

The appellant is a 32 year old man who has an eighth grade education and previously worked as a security guard, truck driver, and draw frame operator in a cotton mill. The AU found that the appellant was unable to perform his past relevant work. Thus, the burden shifted to the Secretary “to show that he [could] perform other gainful employment available in the economy.” Brenem v. Harris, 621 F.2d 688, 689 (5th Cir.1980).

The appellant was not represented by counsel at the hearing before the AU. [1] At the hearing, the AU elicited testimony from Dr. William A. Crunk, Jr., a vocational expert. Dr. Crunk was present during the hearing. The AU asked Dr. Crunk a hypothetical question in which he requested the expert to assume several factors. Dr. Crunk responded that the appellant could perform work as a packager, sorter, handler and automatic machine operator. See Record Vol. II at 45-46.

The appellant claims that the testimony of the vocational expert was crucial to the AU’s decision. In its brief, the Secretary concedes this point by observing that “[t]o satisfy the Secretary’s burden of demonstrating the existence of jobs within this restricted range, the AU relied upon the testimony of a vocational expert ... who testified that such jobs did exist based upon the hypothetical question.” Brief of Appellee at 33 (emphasis added).

The appellant contends that the hypothetical question posed by the AU did not comprehensively describe the appellant’s impairments. We agree. The AU requested the expert to assume: (1) the appellant’s education and work experience; (2) sedentary work; no vehicles; (3) no hazardous machinery; (4) restricted leg controls; (5) range of motion of neck, approximately half the normal; and (6) a full scale I.Q. of 77. Record, Vol. II at 45. The AU, however, did not request the expert to assume the claimant’s anxiety or depression, both of which the AU found to be “severe impairments limiting the claimant’s ability to work.” Record, Vol. II at 11.

Referring to Johnson v. Harris, 612 F.2d 993 (5th Cir.1980), our court in a similar ease to this one has said: “[w]e held that unless there was vocational expert testimony concerning the availability of jobs for a person with the claimant’s educational level, work skills and experience and physical limitations, the decision of the AU, based significantly on the expert testimony, would be unsupported by substantial evidence.” Brenem v. Harris, 621 F.2d 688,[*1563] 690 (5th Cir.1980). See also Cowart v. Schweiker, 662 F.2d 731, 736 (11th Cir. 1981) (“Although there is no per se rule that a vocational expert be called to testify ... the AU must articulate specific jobs that the claimant is able to perform, and this finding must be supported by substantial evidence, not ‘mere intuition or conjee-, ture by the administrative law judge.’ ”).

In Brenem, supra, we observed that it is not proper for us “to assume that because the vocational expert was aware of [a claimant’s] psychological problems, that he took them into consideration in answering hypothetical questions which referred only to physical impairments. Or at least, we have no basis for assuming that had these factors been included in the hypothetical questions his answer would have been the same.” Id. at 690 (emphasis in original).

In this case, we cannot assume that the vocational expert would have answered in a similar manner had the AU instructed him to consider all of the appellant’s severe impairments. Thus, we must conclude that the Secretary failed to meet its burden of showing that the appellant could perform other gainful employment in the economy. We hold that the Secretary’s decision was not supported by substantial evidence.

Because the “misuse of the expert’s testimony alone warrants reversal,” we do not consider the appellant’s other claims. Western v. Harris, 633 F.2d 1204, 1207 (5th Cir. Unit A 1981). Accordingly, we reverse the judgment of the district court, remand the case to that court, and direct the district court to remand the case to the Secretary for further proceedings in accordance with this opinion.

REVERSED and REMANDED.

1

. The appellant claims he was not informed of the availability of free legal services, therefore, he did not waive his statutory right to representation.