Bettye Williams v. Jo Anne B. Barnhart, 1 Comm'r, Soc. Sec. Admin., 289 F.3d 556 (8th Cir. 2002). · Go Syfert
Bettye Williams v. Jo Anne B. Barnhart, 1 Comm'r, Soc. Sec. Admin., 289 F.3d 556 (8th Cir. 2002). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 13 distinct courts.
Strongest positive: Timmy Lee Hallum Jr v. Leland Dudek, Acting Commissioner of Social Security Administration (tnmd, 2026-06-11)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
examined Cited as authority (quoted) Timmy Lee Hallum Jr v. Leland Dudek, Acting Commissioner of Social Security Administration
M.D. Tenn. · 2026 · quote attribution · 1 verbatim quote · confidence low
absent an indication that the missing portion of the transcript would bolster appellant's arguments or prevent judicial review, this court will not remand a case based upon inaudible portions of the record
examined Cited as authority (quoted) KUNKLE v. KIJAKAZI
W.D. Pa. · 2022 · quote attribution · 1 verbatim quote · confidence low
absent an indication that the missing portion of the transcript would bolster appellant's arguments or prevent judicial review, this court will not remand a case based upon inaudible portions of the record.
examined Cited as authority (quoted) Doski v. Social Security Administration
M.D. Tenn. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence low
absent an indication that the missing portion of the transcript would bolster appellant's arguments or prevent judicial review, this court will not remand a case based upon inaudible portions of the record.
examined Cited as authority (quoted) FARY v. BERRYHILL
D.N.J. · 2020 · quote attribution · 1 verbatim quote · confidence low
absent an indication that the missing portion of the transcript would bolster appellant's arguments or prevent judicial review, this court will not remand a case based upon inaudible portions of the record.
cited Cited as authority (rule) Ode v. Commissioner of Social Security
W.D.N.Y. · 2024 · confidence medium
Sec., 2024 WL 21546 , *2 (W.D.N.Y. 2024) (quoting Williams v. Barnhart, 289 F.3d 556, 557-58 (8th Cir. 2002)).
cited Cited as authority (rule) Kalar v. SSA
E.D. Ky. · 2020 · confidence medium
Sec., 289 F.3d 556, 557-58 (8th Cir. 2002) (citations omitted).
discussed Cited as authority (rule) McKeever v. Saul
D. Minnesota · 2019 · confidence medium
(See, e.g., Tr. 67-72.) The Eighth Circuit Court of Appeals has stated, “[a]s the medical records are also part of the record, the omission of this summary does not impair the Court’s ability to review the ALJ’s decision.” Williams v. Barnhart, 289 F.3d 556, 558 (8th Cir. 2002) (per curiam).
discussed Cited as authority (rule) Washington v. Commissioner of Social Security
D.S.C. · 2009 · confidence medium
But typically there must be some “indication that the missing portion of the transcript would bolster appellant’s arguments or prevent judicial re *755 view .... ” Williams v. Barnhart, 289 F.3d 556, 557-58 (8th Cir.2002).
discussed Cited "see" Howell v. Commissioner of Social Security
N.D.N.Y. · 2023 · signal: see · confidence high
See Williams v. Barnhart, 289 F.3d 556, 558 (8th Cir. 2002) (per curiam) (citation omitted) (explaining that the plaintiff gives no indication what material facts were supposedly omitted or how any missing portion of 35 the transcript could bolster her case. ...
discussed Cited "see" Lewis v. Commissioner of Social Security
W.D.N.Y. · 2022 · signal: see · confidence high
See Williams v. Barnhart, 289 F.3d 556, 558 (2d Cir. 2002) (finding no indication that missing portion of transcript would bolster appellant’s arguments, and small gaps in transcript did not “interfere with comprehension of the testimony to an extent that would hinder fair review”) (internal citation omitted); see also Mireles ex rel.
discussed Cited "see" Rush v. Barnhart
D.N.D. · 2006 · signal: see · confidence high
See Williams v. Barnhart, 289 F.3d 556, 557-558 (8th Cir.2002) (suggesting remand is required when the absence of records hinders a fair review of the ALJ’s decision); Bishop v. Sullivan, 900 F.2d 1259, 1262 (8th Cir.1990) (remand required when reviewing court has no way to determine whether the Secretary fully understood the evidence before him); Callis v. Department of Health & Human Services, 877 F.2d 890 (11th Cir.1989) (requiring remand when the incompleteness of the record prohibited the appeals court from making a meaningful review of the points raised on appeal).
discussed Cited "see, e.g." Barnes v. Barnhart
D. Me. · 2003 · signal: see also · confidence medium
See generally Opposition; see also, e.g., Williams v. Barnhart, 289 F.3d 556, 557-58 (8th Cir.2002) (“Absent an indication that the missing portion of the transcript would bolster appellant’s arguments or prevent judicial review, this Court will not remand a case based upon inaudible portions of the record.”); Varney v. Secretary of Health & Human Servs., 846 F.2d 581, 583 (9th Cir.), modified on reh’g on other grounds, 859 F.2d 1396 (9th Cir.1988) (noting, but not deciding between, two possible tests: (i) whether plaintiff has shown that material evidence is missing from the record or…
Retrieving the full opinion text from the archive…
Bettye WILLIAMS, Appellant,
v.
Jo Anne B. BARNHART, Commissioner, Social Security Administration, Appellee
01-3209.
Court of Appeals for the Eighth Circuit.
Mar 22, 2002.
289 F.3d 556
2002 WL 1008947
Todd G. Cockrill, Nussbaum & Hendrix, Little Rock, AR, argued, for Appellant., Larry Reed McCord, U.S. Atty’s Office, Fort Smith, AR, argued, (Roseanne M. Dummer, Tina M. Waddell, Social Security Administration, Dallas, TX, James A. Garrett, Social Security Administration, Office of the General Counsel, Dallas TX, on the brief), for Appellee.
McMillian, Arnold, Riley.
Cited by 16 opinions  |  Published
2 passages pin-cited by 4 cases
Pinpoint authority: #23,279 of 633,719
Citer courts: D. New Jersey (1) · W.D. Pennsylvania (1) · M.D. Tennessee (1)
PER CURIAM.

Bettye Williams petitioned for disability insurance benefits and supplemental security income claiming she was unable to work due to hypertensive vascular disease, hydrocephalus with placement of a shunt, amblyopia, and anxiety disorder. Williams complained of fatigue, headaches, eye pain, hand cramping, foot swelling and mood problems. After determining Williams’s conditions were not severe enough to be considered disabling and did not significantly limit her ability to work, the Commissioner denied her application. After a hearing to review the sufficiency of Williams’s application, the administrative law judge (ALJ) also denied her application for benefits. The Appeals Council and the district court [2] in turn affirmed the decision of the ALJ.

Williams’s only argument on appeal is that a number of “inaudible” portions within the record of the administrative hearing prevent a fair review of her claims. Absent an indication that the missing portion of the transcript would bolster appellant’s arguments or prevent[*558] judicial review, this Court will not remand a case based upon inaudible portions of the record. Andres v. Bowen, 870 F.2d 453, 455-56 (8th Cir.1989); Marshall v. Schweiker, 688 F.2d 55, 56 (8th Cir.1982) (per curiam).

Williams gives no indication what material facts were supposedly omitted or how any missing portion of the transcript could bolster her case. The most significant instances of inaudible testimony in the record occur when the medical expert presented a summary of evidence also found in the medical records. As the medical records are also part of the record, the omission of this summary does not impair the Court’s ability to review the ALJ’s decision. The remaining omissions are small gaps in the transcript that do not “interfere with comprehension of the testimony to an extent that would hinder fair review.” Ward v. Heckler, 786 F.2d 844, 848 (8th Cir.1986) (per curiam).

Accordingly, we affirm. See 8th Cir. R. 47B.

2

. The Honorable Harry F. Barnes, United States District Judge for the Western District of Arkansas, adopting the recommendation of the Honorable Beverly Stites Jones, United States Magistrate Judge.