June L. NELMS, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y of Health & Human Servs., Defendant-Appellee, 803 F.2d 1164 (11th Cir. 1986). · Go Syfert
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June L. NELMS, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y of Health & Human Servs., Defendant-Appellee, 803 F.2d 1164 (11th Cir. 1986). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, 2021–2022 · …in the absence of evidence of the physical requirements and demands of appellant's work the alj could not properly determine that she retained the residual functional capacity to perform it. at p. 1165 ✓ Topic ↗
36 citation events (28 in the last 25 years) across 5 distinct courts.
Strongest positive: Young v. Social Security Administration, Commissioner (alnd, 2022-09-29)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Young v. Social Security Administration, Commissioner
N.D. Ala. · 2022 · quote attribution · 1 verbatim quote · confidence high
in the absence of evidence of the physical requirements and demands of appellant's work the alj could not properly determine that he retained the residual functional capacity to perform it.
discussed Cited as authority (verbatim quote) Robinson v. Social Security Administration, Commissioner
N.D. Ala. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
in the absence of evidence of the physical requirements and demands of appellant's work the alj could not properly determine that she retained the residual functional capacity to perform it.
discussed Cited as authority (verbatim quote) Sexton v. Social Security Administration, Commissioner
N.D. Ala. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
in the absence of evidence of the physical requirements and demands of 19 appellant's work the alj could not properly determine that she retained the residual functional capacity to perform it.
discussed Cited as authority (verbatim quote) Waldrop v. Social Security Administration, Commissioner
N.D. Ala. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
in the absence of evidence of the physical requirements and demands of appellant's work the alj could not properly determine that she retained the residual functional capacity to perform it.
discussed Cited as authority (verbatim quote) Harris v. Social Security Administration, Commissioner
N.D. Ala. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
in the absence of evidence of the physical requirements and demands of appellant's work the alj could not properly determine that she retained the residual functional capacity to perform it.
cited Cited as authority (rule) Mehaj v. Commissioner of Social Security
M.D. Fla. · 2024 · confidence medium
Sec., 379 F. App’x 948, 953 (11th Cir. 2010) (per curiam) (quoting Schnorr v. Bowen, 816 F.2d 578 (11th Cir. 1987)); Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986) (per curiam).
discussed Cited as authority (rule) Crooms v. Kijakazi(CONSENT)
M.D. Ala. · 2023 · confidence medium
In support, Plaintiff submits for the first time an affidavit regarding her job functions at Twitchell (Doc. 18-1), along with an October 4, 2004 Twitchell job 8 The court notes that Plaintiff, citing Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir.1986), asserts that the ALJ had an affirmative duty to develop the record to determine the physical requirements of her past work but failed to do so.
discussed Cited as authority (rule) Black v. Social Security Administration, Commissioner
N.D. Ala. · 2022 · confidence medium
An ALJ must make a finding of the physical requirements and demands of the claimant’s past work to properly determine whether a claimant “retain[s] the physical capacity to perform it.” Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986) (finding that general description of custodial work as cleaning without information regarding, for example, “the size and weight of the items [the claimant] was required to use” for her custodial work warranted “a further hearing with regard to the physical demands of [the claimant’s] past work and her ability to perform the same in light of her…
cited Cited as authority (rule) Glover v. Social Security Administration, Commissioner
N.D. Ala. · 2022 · confidence medium
Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986).
cited Cited as authority (rule) Jones v. Social Security Administration, Commissioner
N.D. Ala. · 2021 · confidence medium
Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986).
discussed Cited as authority (rule) Kitchens v. Social Security Administration, Commissioner
N.D. Ala. · 2020 · confidence medium
Despite the claimant’s burden in this regard, the Commissioner nonetheless retains the obligation to “develop a full and fair record.” Schnorr v. Bowen, 816 F.2d 578, 581 (11th Cir. 1987) (citing Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986); Cowart v. Schweiker, 662 F.2d 731, 735 (11th Cir. 1981)).
cited Cited as authority (rule) Jerry Allen McGhee v. Social Security Administration, Commissioner
11th Cir. · 2020 · confidence medium
Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986); see also Schnorr v. Bowen, 816 F.2d 578 , 581–82 (11th Cir. 1987).
cited Cited as authority (rule) King v. Social Security Administration, Commissioner
N.D. Ala. · 2019 · confidence medium
Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986).
discussed Cited as authority (rule) Fluker v. Social Security Administration, Commissioner (2×) also: Cited "see, e.g."
N.D. Ala. · 2019 · confidence medium
While claimants maintain this burden at Step Four, the ALJ still “has an obligation to develop a full and fair record.” Schnorr v. Bowen, 816 F.2d 578, 581 (11th Cir. 1987) (citing Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986)).
cited Cited as authority (rule) Brothers v. Social Security Administration, Commissioner
N.D. Ala. · 2019 · confidence medium
Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986).
cited Cited as authority (rule) Isbell v. Social Security Administration, Commissioner
N.D. Ala. · 2019 · confidence medium
Nelms, 803 F.2d at 1164; see also Cowart v. Schweiker, 662 F.2d 731, 735 (11th Cir.1981); Schnorr v. Bowen, 816 F.2d 578, 581 (11th Cir. 1987).
cited Cited as authority (rule) Johnson v. Social Security Administration, Commissioner
N.D. Ala. · 2019 · confidence medium
Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986).
cited Cited as authority (rule) Frazier v. Social Security Administration, Commissioner
N.D. Ala. · 2019 · confidence medium
Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986).
cited Cited as authority (rule) Parker v. Social Security Administration, Commissioner
N.D. Ala. · 2019 · confidence medium
Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986).
cited Cited as authority (rule) Zelda Renette Holder v. Social Security Administration, Commissioner
11th Cir. · 2019 · confidence medium
Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986) (per curiam).
discussed Cited as authority (rule) Durham v. Apfel
N.D. Ga. · 1998 · confidence medium
Cowart v. Schweiker, 662 F.2d 731, 735-36 (11th Cir.1981); Smith v. Schweiker, 677 F.2d 826, 829 (11th Cir.1982); Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir.1986); Welch v. Bowen, 854 F.2d 436, 438 (11th Cir.1988).
discussed Cited as authority (rule) Savor v. Shalala
M.D. Fla. · 1994 · confidence medium
REVIEW OF REPORT AND RECOMMENDATION Plaintiffs only objection to the Magistrate Judge’s R & R is that it does not discuss the principles set forth in Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir.1986).
cited Cited as authority (rule) John SCHNORR, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee
11th Cir. · 1987 · confidence medium
Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir.1986); Cowart v. Schweiker, 662 F.2d 731, 735 (11th Cir.1981).
discussed Cited "see" Wood v. Social Security Administration, Commissioner
N.D. Ala. · 2019 · signal: see · confidence high
See Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986) (summarily reversing a denial of benefits for failure to develop the record of claimant’s past work).
discussed Cited "see, e.g." Monahan v. Commissioner of Social Security
M.D. Fla. · 2019 · signal: see also · confidence medium
In this regard, “the ALJ has the duty to fully investigate and make explicit findings as to the physical and mental demands of a claimant’s past relevant work and to compare that with what the claimant [himself] is capable of doing before he determines that [he] is able to perform [his] past relevant work.” Nimick v. Sec’y of Health & Human Servs., 887 F.2d 864, 866 (8th Cir. 1989) (alteration in original) (emphasis omitted); see also Nelms v. Bowen, 803 F.2d 1164, 1165 (11th Cir. 1986) (per curiam).
Retrieving the full opinion text from the archive…
15 soc.sec.rep.ser. 283, unempl.ins.rep. Cch 17,144 June L. Nelms
v.
Otis R. Bowen, Secretary of Health and Human Services
86-3139.
Court of Appeals for the Eleventh Circuit.
Nov 10, 1986.
803 F.2d 1164
William C. Davis, Jr., Jacksonville, Fla., for plaintiff-appellant., Dorothea Beane, Asst. U.S. Atty., Jacksonville, Fla., for defendant-appellee.
Godbold, Vance, Johnson.
Cited by 27 opinions  |  Published

CORRECTED OPINION

PER CURIAM:

In this social security case appellant’s work background sheet showed that she had worked as a “custodial worker” at a university. She testified that she cleaned classrooms and offices. No detailed description of her custodial duties or the physical demands thereof was solicited or proffered. For example, there is no evidence concerning whether she used equipment, the size and weight of items she was required to use, whether she scrubbed floors or merely dusted, or whether she was required to move furniture. These are but a few of the details that are missing. Moreover, the AU stated that appellant’s past work as a maid was described as “light work.” We are not able to locate this description in the record.

In the absence of evidence of the physical requirements and demands of appellant’s work the AU could not properly determine that she retained the residual functional capacity to perform it.

The record as it stands is insufficient to affirm, but it is also lacking in evidence to support a finding that appellant is totally disabled. The AU was obliged to develop a full and fair record. Cowart v. Schweiker, 662 F.2d 731, 735 (11th Cir.1981).

The cause must be remanded under 42 U.S.C. § 405(g) for a further hearing with regard to the physical demands of appellant’s past work and her ability to perform the same in light of her impairments. See Brenem v. Harris, 621 F.2d 688, 690 (5th Cir.1980); Cowart v. Schweiker, supra.

Consultative physician Evans testified that appellant’s left wrist was so painful that he could not examine it. Appellant’s testimony and prior recorded complaints described acute pain. Despite this evidence the AU found that this ailment was “minor discomfort.” The AU was required to determine whether objective medical impairments could reasonably be expected to produce the pain complained of. Smith v. Bowen, 792 F.2d 1547 (11th Cir.1986). There is not substantial evidence to support the finding of “minor discomfort.” An adequate medical opinion on this issue must be included in the record. Smith v. Bowen, supra; Cowart v. Schweiker, supra.

REVERSED and REMANDED.