Cathy McNamar v. Kenneth S. Apfel, Comm'r of Soc. Sec. Admin., 172 F.3d 764 (10th Cir. 1999). · Go Syfert
Cathy McNamar v. Kenneth S. Apfel, Comm'r of Soc. Sec. Admin., 172 F.3d 764 (10th Cir. 1999). Cases Citing This Book View Copy Cite
88 citation events (90 in the last 25 years) across 11 distinct courts.
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At page 766 Reviewing agency interpretation of benefit offset rules60 citing cases“a set of policies issued by the administration to be used in processing claims.”13 citing courts quote it · passage not found verbatim in the opinion (82%) · passage not found verbatim in the opinion (66%) · 48 listed here
  • Bowker, No. 1:24-cv-01174 (D.N.M. Jan. 26, 2026).
    (Id.) 9 While the POMS provisions do not have the force of law and are not binding on the SSA, see Berger v. Apfel, 200 F.3d 1157, 1161 (8th Cir. 2000), the Tenth Circuit has explained that they are nevertheless entitled to deference unles…
  • Carroll, No. 2:24-cv-01211 (D.N.M. Jan. 23, 2026).
    An ALJ must “provide specific, legitimate reasons if he decide[s] to discount or dismiss an opinion from an acceptable medical 11 The POMS is “a set of policies issued by the [SSA] to be used in processing claims.” McNamar v. Apfel, 172 F.…
  • Sedillos v. Soc. Sec. Admin., No. 1:24-cv-00561 (D.N.M. June 27, 2025).
    Id. 4 The POMS is “a set of policies issued by the [SSA] to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
  • Sedillos v. Soc. Sec. Admin., No. 1:24-cv-00561 (D.N.M. June 25, 2025).
    Id. 4 The POMS is “a set of policies issued by the [SSA] to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
  • Sotelo v. Soc. Sec. Admin., No. 1:24-cv-00124 (D.N.M. Mar. 24, 2025).
    The Program Operations Manual System (“POMS”) “is a set of policies issued by the SSA ‘to be used in processing claims.’” Ramey v. Reinertson, 268 F.3d 955, 964 (10th Cir. 2001)(quoting McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999)).
  • Fager v. Comm'r, SSA, No. 24-1133 (10th Cir. Feb. 21, 2025).unpublished
    The POMS provision Ms. Fager cites offers a definition of “pain specialist”: “A pain specialist may be an orthopedist, a neurologist, a neurosurgeon, a physiatrist, a psychiatrist, etc., but is different from others in these fields because…
  • Thomas v. Comm'r, Soc. Sec. Admin., No. 1:24-cv-00213 (D. Colo. Feb. 14, 2025).
    The POMS therefore demonstrate that there is a connection between concentration and persistence and the 8 “The POMS is ‘a set of policies issued by the [Social Security] Administration to be used in processing claims.’” Jaramillo, 576 F. A…
  • Brewis v. O'Malley, No. 1:22-cv-00129 (D. Utah Mar. 21, 2024).
    In a Mental Residual Functional Capacity Assessment (MRFCA) form, Dr. Berkowitz and Dr. Huebner found that, while Plaintiff had no limitations or was not significantly limited in most areas, she was moderately limited in several areas, inc…
  • Ortiz v. Soc. Sec. Admin., No. 1:22-cv-00660 (D.N.M. Jan. 25, 2024).
    Because the ALJ’s failure to consider Ms. Ortiz’s limited ability to complete a normal workday and workweek is sufficient grounds for remand, I do not consider this argument. 7 The POMS is “a set of policies issued by the Administration to…
  • Grant v. Soc. Sec. Admin., No. 1:21-cv-00190 (D.N.M. Aug. 9, 2022).
    Because Dr. Gallavan’s Section III explanations did not encapsulate her Section I findings, the Program Operations Manual System (“POMS”),12 regulations, and case law require 12 The POMS is “a set of policies issued by the Administration t…
Show 38 more citing cases
  • Grant v. Soc. Sec. Admin., No. 1:21-cv-00190 (D.N.M. Aug. 8, 2022).
    Because Dr. Gallavan’s Section III explanations did not encapsulate her Section I findings, the Program Operations Manual System (“POMS”),12 regulations, and case law require 12 The POMS is “a set of policies issued by the Administration t…
  • Dominguez v. Soc. Sec. Admin., No. 1:21-cv-00286 (D.N.M. Aug. 5, 2022).
    Reviewing courts afford deference to SSA’s “interpretations stated in the POMS unless they are ‘arbitrary, capricious, or contrary to law.’” Lee v. Colvin, 631 F. App’x 538 , 541 n.1 (10th Cir. 2015) (quoting McNamar v. Apfel, 172 F.3d 764…
  • Powell v. Soc. Sec. Admin., No. 2:21-cv-00443 (D.N.M. July 22, 2022).
    If the ALJ enters a wholly favorable oral decision into the hearing record, he “may issue a written decision that incorporates the oral decision by reference.” 20 C.F.R. § 404.953 (b). 10 Reviewing courts afford deference to SSA’s “interpr…
  • Gott v. Comm'r, Soc. Sec. Admin., No. 1:21-cv-01655 (D. Colo. July 11, 2022).
    Mar. 31, 2015) (an RFC that limited the claimant to simple, routine, and repetitive tasks failed to “include any limitations in concentration and attention”); Cordova v. Berryhill, No. 17-cv-0611 SMV, 2018 WL 2138647 , at *8 (D.N.M. 11 “Th…
  • Soderberg v. Soc. Sec. Admin., No. 1:20-cv-01256 (D.N.M. Mar. 25, 2022).
    Even if Plaintiff’s definitions of moderate and marked limitations were correct, though, the RFC accounts for Plaintiff’s marked limitation in interacting appropriately with the public by limiting 2 The POMS is “a set of policies issued by…
  • Bruner v. Comm'r of Soc. Sec. Admin., No. 5:20-cv-00374 (W.D. Okla. Oct. 29, 2021).
    “a set of policies issued by the Administration to be used in processing claims”
  • Grantham v. Soc. Sec. Admin., No. 1:20-cv-00584 (D.N.M. Sept. 21, 2021).
    The Court notes that the regulation says “qualified” medical source, rather than “acceptable” medical sources, and cross- 7 The Social Security Administration Program Operations Manual System (“POMS”) is “a set of policies issued by the Ad…
  • Spencer v. Comm'r, Soc. Sec. Admin., No. 1:20-cv-00786 (D. Colo. Sept. 10, 2021).
    On appeal, the claimant argued that the ALJ failed to incorporate the 5 “The POMS is ‘a set of policies issued by the Administration to be used in processing claims.’” Warren, 170 F. Supp. 3d at 1364 n.7 (quoting McNamar v. Apfel, 172 F. 3…
  • Hanna v. Soc. Sec. Admin., No. 1:20-cv-00132 (D.N.M. July 27, 2021).
    The Commissioner suggests that Dr. Tucker’s additional opinions are not material because they “were not based solely on Plaintiff’s depression,” but were instead also based on 9 The POMS is “a set of policies issued by the [SSA] to be used…
  • Cardoza v. Saul, No. 2:20-cv-00339 (D. Utah Apr. 5, 2021).
    (Tr. 102.) See SSR 00-4p (permitting an ALJ to rely on vocational expert’s experience even when there is a conflict stating that “[i]nformation about a particular job’s requirement or about occupations not listed in the DOT may be availabl…
  • Gaines v. Comm'r of Soc. Sec. Admin., No. 5:19-cv-01074 (W.D. Okla. Sept. 16, 2020).
    “a set of policies issued by the Administration to be used in processing claims”
  • Stringfellow v. Comm'r, Soc. Sec. Admin., No. 1:20-cv-00295 (D. Colo. Sept. 1, 2020).
    ALJ's decision.” Social Security Ruling 82-41, 1982 WL 31389 at *7 (SSA Jan. 1, 1982). 6 The POMS is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
  • Doxtator v. Soc. Sec. Admin., Comm'r of, No. 5:19-cv-04048 (D. Kan. Feb. 18, 2020).
    McNamara v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999). that while “[i]t is essentially true that defendant touched the required procedural bases . . . [the defendant’s RFC formulation] does not properly describe plaintiff’s visual limitati…
  • King v. Soc. Sec. Admin., No. 1:19-cv-00255 (D.N.M. Feb. 5, 2020).
    The Social Security Administration Program Operations Manual System (“POMS”) is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
  • Vienna v. Soc. Sec. Admin., No. 2:18-cv-00783 (D.N.M. Sept. 26, 2019).
    Aug. 23, 2019). 10 The POMS is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
  • Bosse v. Soc. Sec. Admin., No. 2:18-cv-00475 (D.N.M. Aug. 23, 2019).
    Jan. 31, 2018). 12 The POMS is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
  • Holmes v. Soc. Sec. Admin., No. 2:18-cv-00569 (D.N.M. July 22, 2019).
    The Social Security Administration Program Operations Manual System (“POMS”)4 provides that: 4 POMS is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
  • Schauls v. Berryhill, No. 0:18-cv-00311 (D. Minn. Mar. 15, 2019).
    The Court must “defer to the agency’s interpretations stated in the POMS unless they are ‘arbitrary, capricious, or contrary to law.’” Lee v. Colvin, 631 F. App’x 538 , 541 n.1 (10th Cir. 2015) (quoting McNamar v. Apfel, 172 F.3d 764, 766…
  • Anders v. Berryhill, 688 F. App'x 514 (10th Cir. 2017).unpublished
    The POMS is "a set of policies issued by the [Social Security] Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
  • Lyda v. Colvin, 221 F. Supp. 3d 1254 (D. Colo. 2016).published
    The POMS is "a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
  • Warren v. Colvin, 170 F. Supp. 3d 1360 (D. Colo. 2016).published
    March 21, 2011). .The POMS is “aset of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
  • Lee v. Colvin, 631 F. App'x 538 (2015).unpublished
    We defer to the agency’s interpretations stated in the POMS unless they are "arbitrary, capricious, or contrary to law.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
  • Knuutila v. Colvin, 127 F. Supp. 3d 1146 (D. Colo. 2015).published
    The POMS is "a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
  • Carver v. Colvin, 600 F. App'x 616 (10th Cir. 2015).unpublished
    The POMS is "a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
  • Hanken v. Colvin, 68 F. Supp. 3d 1342 (D. Colo. 2014).published
    The PQMS is “a set of policies issued by the [Social Security] Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
  • Jaramillo v. Colvin, 576 F. App'x 870 (10th Cir. 2014).unpublished 2 cites
    The POMS is "a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
  • Wicks v. Colvin, 573 F. App'x 803 (10th Cir. 2014).unpublished 2 cites
    "The [agency’s] policy guidelines are provided in the [POMS], which is a set of policies issued by the [agency] ‘to be used in processing claims.' ” Ramey v. Reinertson, 268 F.3d 955, 964 (10th Cir.2001) (quoting McNamar v. Apfel, 172 F.3d…
  • Bennett v. United States Dep't of Agric., 219 F. App'x 441 (6th Cir. 2007).unpublished
    Both the USDA here and the Tenth Circuit in McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999), which the USDA quotes, inaccurately claim that the Supreme Court’s opinion in Thomas Jefferson University holds that courts defer to agency i…
  • Miranda v. Barnhart, 205 F. App'x 638 (10th Cir. 2005).unpublished
    Discussion I “We review the Commissioner’s decision to determine whether it is supported by substantial evidence and whether correct legal standards were applied.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999). ‘We must examine the r…
  • Wiederholt v. Barnhart, 121 F. App'x 833 (10th Cir. 2005).unpublished
    Discussion Standard of Review “We review the Commissioner’s decision to determine whether it is supported by substantial evidence and whether correct legal standards were applied.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
  • Standlee v. Barnhart, 125 F. App'x 938 (10th Cir. 2005).unpublished
    “We review the Commissioner’s decision to determine whether it is supported by substantial evidence and whether correct legal standards were applied.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
  • Zuni Pub. Sch. Dist. No. 89 v. United States Dep't of Educ., 393 F.3d 1158 (10th Cir. 2004).published 2 cites
    “Such an interpretation is given controlling weight unless it is arbitrary, capricious, or contrary to law.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
  • Crook v. Barnhart, 113 F. App'x 343 (10th Cir. 2004).unpublished 2 cites
    Analysis ‘We review the Commissioner’s decision to determine whether it is supported by substantial evidence and whether correct legal standards were applied.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
  • Casey v. Barnhart, 76 F. App'x 908 (10th Cir. 2003).unpublished
    Mr. Casey also refers to a provision of the Social Security Administration’s Program Operations Manual System ("POMS”), which is a set of policies issued by the agency "to be used in processing claims." McNamar v. Apfel, 172 F.3d 764, 766…
  • Ramey v. Reinertson, 268 F.3d 955 (10th Cir. 2001).published
    SSA Program Operations Manual System The SSA’s policy guidelines are provided in the Program Operations Manual System (“POMS”), which is a set of policies issued by the SSA “to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764,…
  • Neikirk v. Massanari, 13 F. App'x 847 (10th Cir. 2001).unpublished 2 cites
    McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
  • Ulloa v. Soc. Sec. Admin., No. 4:20-cv-00469 (N.D. Okla. Feb. 16, 2022).
    (referring to a different manual)
  • Padilla v. Soc. Sec. Admin., No. 1:20-cv-00366 (D.N.M. July 19, 2021).
    See Silva v. Colvin, 203 F. Supp. 3d 1153 , 1158–66 (D.N.M. 2016).9 An ALJ may rely exclusively on the Section III findings only if the “Section III narrative does not contradict any Section I limitations and describes the effect each 8 Th…
Retrieving the full opinion text from the archive…
Cathy McNAMAR, Plaintiff-Appellant,
v.
Kenneth S. APFEL, Commissioner of Social Security Administration, Defendant-Appellee
98-5077.
Court of Appeals for the Tenth Circuit.
Apr 15, 1999.
Published opinion
172 F.3d 764
1999 U.S. App. LEXIS 7253
1999 WL 218496
Paul F. McTighe, Jr., Tulsa, Oklahoma, for Plaintiff-Appellant., Stephen C. Lewis, United States Attorney, Peter Bernhardt, Assistant U.S. Attorney, Tulsa, Oklahoma, and Tina M. Waddell, Chief Counsel, Region VI, Mark J. Kingsolver, Deputy Chief Counsel, and Linda H. Green, Assistant Regional Counsel, Office of the General Counsel, Social Security Administration, Dallas, Texas, for Defendant-Appellee.
Baldock, Barrett, Henry.
Cited by 59 opinions  |  Published
BARRETT, Senior Circuit Judge.

Appellant Cathy McNamar appeals the district court’s affirmance of the final decision of the Commissioner of Social Security reducing appellant’s disability benefits by the amount of her Civil Service disability benefits, without excluding her monthly health insurance premium. Because the Commissioner’s decision is supported by substantial evidence and correct legal standards were applied, we affirm. [1]

Appellant is disabled by Crohn’s Disease. She receives $747 in monthly disability benefits from the Civil Service Retirement System, from which health insurance premiums and taxes are deducted. Appellant also receives social security disability benefits. Because appellant is eligible to receive both social[*766] security disability benefits and disability benefits from another government plan, federal law requires that her social security benefits be reduced. See 42 U.S.C. § 424a(a); 20 C.F.R. § 404.408(a)(2). This appeal involves the amount by which appellant’s social security benefit must be reduced.

The Commissioner offset appellant’s entire civil service disability payment against her social security disability payment, without excluding her monthly health insurance premiums from the offset. The Commissioner’s decision was based on the language of 20 C.F.R. § 404.408(d), which identifies expenses that may be excluded from the offset, and on several provisions of the Social Security Administration’s Program Operations Manual System (POMS), a set of policies issued by the Administration to be used in processing claims. The district court affirmed the computation. On appeal, appellant argues that her health insurance premiums are future medical expenses which should have been excluded from the offset pursuant to 20 C.F.R. § 404.408(d).

We review the Commissioner’s derision to determine whether it is supported by substantial evidence and whether correct legal standards were applied. See Hawkins v. Chater, 113 F.3d 1162, 1164 (10th Cir.1997). Our review of an agency’s interpretation of a statute or regulation it administers is highly deferential. See Thomas Jefferson Univ. v. Shalala, 512 U.S. 504, 512, 114 S.Ct. 2381, 129 L.Ed.2d 405 (1994); Wilkins v. Callahan, 127 F.3d 1260, 1262 (10th Cir.1997). Such an interpretation is given controlling weight unless it is arbitrary, capricious, or contrary to law. See Thomas Jefferson Univ., 512 U.S. at 512, 114 S.Ct. 2381 (“[T]he agency’s interpretation must be given controlling weight unless it is plainly erroneous or inconsistent with the regulation.”) (quotations omitted); New Mexico Dep’t of Human Servs. v. Department of Health & Human Servs., 4 F.3d 882, 884 (10th Cir.1993).

The offset statute itself does not authorize the exclusion of any amounts from the offset. See 42 U.S.C. § 424a(a). The Social Security Administration’s implementing regulation does, however, exclude the following amounts:

[a]mounts paid or incurred, or to be incurred, by the individual for medical, legal, or related expenses in connection with the claim for public disability payments ... or the injury ... on which the public disability award ... is based, ... to the extent they ... reflect either the actual amount of expenses already incurred or a reasonable estimate ... of future expenses. Any expenses ... not reflecting a reasonable estimate of the individual’s actual future expenses will not be excluded.

20 C.F.R. § 404.408(d). The agency has further clarified this regulation in two POMS provisions which appear to foreclose appellant’s argument that her health insurance premiums should have been excluded as future medical expenses. See POMS DI 52001.050(C)(2), attached to Appellant’s Br. (expressly stating that health insurance premiums should be offset against the social security disability benefit, and that such amounts “are not excludable expenses”); POMS DI 52001.535(2) and (7), attached to Appellant’s Br. (requiring verification of medical expenses, and stating that amounts for future medical expenses which are not specified in the public disability award may not be excluded until they are actually incurred). The question then, is whether these agency interpretations are arbitrary, capricious, or contrary to law.

Because the offset statute does not exclude any amounts from the required offset, see § 424a(a), the Commissioner’s failure to exclude appellant’s health insurance premiums cannot be contrary to the statute. Nor does it appear that the failure to exclude such premiums is contrary to the implementing regulation, as the premiums do not represent an estimate of appellant’s[*767] actual future expenses related to her Crohn’s disease. Although appellant’s health insurance may, at some point, pay for disability-related medical expenses, it is not limited to these expenses, but instead may be used to pay for an entire spectrum of medical care. Finally, appellant has not shown that the agency’s interpretation of the setoff requirement, as enunciated in the POMS, is arbitrary or capricious.

The judgment of the United States District Court for the Northern District of Oklahoma is AFFIRMED.

1

. After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.