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2026
Top citers, strongest first. 28 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Thiele v. Astrue
Zeiler, 384 F.3d at 936 . “[T]he ALJ must consider all the evidence relating to the claimant’s subjective complaints, including his previous work record, and observations by third parties and treating and examining physicians relating to his daily activities; the duration, frequency and intensity of his pain; precipitating and aggravating factors; dosage, effectiveness and side effects of medication, and functional restrictions.” Jones v. Callahan, 122 F.3d 1148, 1151 (8th Cir.1997) (citing Polaski v. Heckler, 751 F.2d 943, 948-50 (8th Cir.1984) (reinstated by Polaski v. Heckler, 804 F.2…
cited
Cited as authority (rule)
Hershel Jones, Jr. v. Shirley Chater
On remand, this Court held that amendment of the original decision was not required, see Polaski v. Heckler, 804 F.2d 456, 457 (8th Cir.1986) (Polaski II), effectively reinstating Polaski I. 4 .
discussed
Cited as authority (rule)
Jones v. Callahan 1
On remand, this Court held that amendment of the original decision was not required, see Polaski v. Heckler, 804 F.2d 456, 457 (8th Cir.1986) (Polaski II), effectively reinstating Polaski I 4 A somatoform disorder involves "[p]hysical symptoms for which there are no demonstrable organic findings or known physiological mechanisms." 20 C.F.R. pt. 404 subpt.
discussed
Cited "see"
Barbara S.K. v. Frank Bisignano, Commissioner of Social Security
When evaluating a claimant’s subjective complaints, the ALJ must consider the factors set forth in Polaski v. Heckler: “(1) the claimant’s daily activities; (2) the duration, frequency and intensity of the pain; (3) dosage, effectiveness, and side effects of medication; (4) precipitating and aggravating factors; and (5) functional restrictions.”10 5 See 20 C.F.R. § 416.1481 . 6 Grindley v. Kijakazi, 9 F.4th 622, 627 (8th Cir. 2021); accord 42 U.S.C. § 405 (g). 7 Kirby v. Astrue, 500 F.3d 705, 707 (8th Cir. 2007). 8 Naber v. Shalala, 22 F.3d 186, 188 (8th Cir. 1994). 9 Robinson v. Sul…
cited
Cited "see"
Quinn S. v. Frank Bisignano, Commissioner of Social Security
See AR 1749. 13 Black v. Apfel, 143 F.3d 383, 386 (8th Cir. 1998); accord Polaski, 739 F.2d 1320, 1321-22 (8th Cir. 1984), vacated, 476 U.S. 1167 (1986), reinstated, 804 F.2d 456 (8th Cir. 1986).
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Cited "see"
Draeger v. Commissioner of Social Security
Reg. 44667 , 44671 (Aug. 26, 2019) (guidance from Social Security Administration provides that when evaluating functional limitations from headaches, “[c]onsistency and supportability between reported symptoms and objective medical evidence is key in assessing the RFC”). 13 Black v. Apfel, 143 F.3d 383, 386 (8th Cir. 1998); accord Polaski, 739 F.2d 1320, 1321-22 (8th Cir. 1984), vacated, 476 U.S. 1167 (1986), reinstated, 804 F.2d 456 (8th Cir. 1986).
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Cited "see"
Hannah v. Commissioner of Social Security
When evaluating a claimant’s subjective complaints— including pain or nervousness—the ALJ must consider the factors set forth in Polaski v. Heckler: “(1) the claimant’s daily activities; (2) the duration, frequency and intensity of the pain; (3) dosage, effectiveness, and side effects of medication; (4) precipitating and aggravating factors; and (5) functional restrictions.”26 “Other relevant factors include the claimant’s relevant work history and the absence of objective medical evidence to support the complaints.”27 The ALJ may not discredit the claimant’s allegations ba…
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Cited "see"
Widener v. Commissioner of Social Security
The ALJ summarized the medical evidence, commenting that Plaintiff received minimal treatment for her conditions—medication management and no referrals to any specialists.30 AR 17- 26 See DOT 075.364-010 (Nurse, General Duty). 27 See AR 36-37. 28 When evaluating the credibility of a claimant’s subjective complaints, the ALJ must consider: “(1) the claimant’s daily activities; (2) the duration, frequency and intensity of the pain; (3) dosage, effectiveness, and side effects of medication; (4) precipitating and aggravating factors; and (5) functional restrictions.” Black v. Apfel, 143 …
discussed
Cited "see"
Katzenmeier v. Commissioner of Social Security
Handling and Fingering When evaluating the credibility of a claimant’s subjective complaints—including pain or nervousness—the ALJ must consider the factors set forth in Polaski v. Heckler: “(1) the claimant’s daily activities; (2) the duration, frequency and intensity of the pain; (3) dosage, effectiveness, and side effects of medication; (4) precipitating and aggravating factors; and (5) functional restrictions.” Black v. Apfel, 143 F.3d 383, 386 (8th Cir. 1998); accord Polaski, 739 F.2d 1320, 1321-22 (8th Cir. 1984), vacated, 476 U.S. 1167 (1986), reinstated,7 804 F.2d 456 (8th …
discussed
Cited "see"
Dowden v. Commissioner of Social Security
A. Subjective Complaints When evaluating the credibility of a claimant’s subjective complaints—including pain or nervousness—the ALJ must consider the factors set forth in Polaski v. Heckler: “(1) the claimant’s daily activities; (2) the duration, frequency and intensity of the pain; (3) dosage, effectiveness, and side effects of medication; (4) precipitating and aggravating factors; and (5) functional restrictions.” Black v. Apfel, 143 F.3d 383, 386 (8th Cir. 1998); accord Polaski, 739 F.2d 1320, 1321-22 (8th Cir. 1984), vacated, 476 U.S. 1167 (1986), reinstated,5 804 F.2d 456 (8t…
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Cited "see"
Purvis v. Commissioner of Social Security
When evaluating the credibility of a claimant’s subjective complaints, the ALJ must consider the factors set forth in Polaski v. Heckler: “(1) the claimant's daily activities; (2) the duration, frequency and intensity of the pain; (3) dosage, effectiveness, and side effects of medication; (4) precipitating and aggravating factors; and (5) functional restrictions.” Black v. Apfel, 143 F.3d 383, 386 (8th Cir. 1998); accord Polaski, 739 F.2d 1320 , 1321–22 (8th Cir. 1984), vacated, 476 U.S. 1167 (1986), reinstated, 804 F.2d 456 (8th Cir. 1986).
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Cited "see"
Crowley v. Commissioner of Social Security
When evaluating the credibility of a claimant’s subjective complaints— including pain—the ALJ must consider the factors set forth in Polaski v. Heckler: “(1) the claimant’s daily activities; (2) the duration, frequency and intensity of the pain; (3) dosage, effectiveness, and side effects of medication; (4) precipitating and aggravating factors; and (5) functional restrictions.” Black v. Apfel, 143 F.3d 383, 386 (8th Cir. 1998); accord Polaski, 739 F.2d 1320, 1321-22 (8th Cir. 1984), vacated, 476 U.S. 1167 (1986), reinstated,6 804 F.2d 456 (8th Cir. 1986).
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Cited "see"
O'Connell v. Commissioner of Social Security
A. Subjective Complaints When evaluating the credibility of a claimant’s subjective complaints—including pain or nervousness—the ALJ must consider the factors set forth in Polaski v. Heckler: “(1) the claimant’s daily activities; (2) the duration, frequency and intensity of the pain; (3) dosage, effectiveness, and side effects of medication; (4) precipitating and aggravating factors; and (5) functional restrictions.” Black v. Apfel, 143 F.3d 383, 386 (8th Cir. 1998); accord Polaski, 739 F.2d 1320, 1321-22 (8th Cir. 1984), vacated, 476 U.S. 1167 (1986), reinstated, 9 804 F.2d 456 (8…
discussed
Cited "see"
Garnet Morse v. Donna E. Shalala, 1 Secretary of Health and Human Services of the United States
See Polaski v. Heckler, 739 F.2d 1320, 1322 , supplemented, 751 F.2d 943 (8th Cir.1984), vacated, 476 U.S. 1167 , 106 S.Ct. 2885 , 90 L.Ed.2d 974 , adhered to on remand, 804 F.2d 456 (8th Cir.1986), cert. denied, 482 U.S. 927 , 107 S.Ct. 3211 , 96 L.Ed.2d 698 (1987). .
discussed
Cited "see"
Hal E. Totz v. Louis W. Sullivan, Secretary of United States Department of Health and Human Services
See Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir.) (putting forth the factors on which to focus in determining the credibility of a claimant’s assertion of disabling pain), supplemented, 751 F.2d 943 (8th Cir.1984), vacated, 476 U.S. 1167 , 106 S.Ct. 2885 , 90 L.Ed.2d 974 (1986), adhered to on remand, 804 F.2d 456 (8th Cir.1986), cert. denied, 482 U.S. 927 , 107 S.Ct. 3211 , 96 L.Ed.2d 698 (1987).
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Cited "see"
Russell v. Sullivan
See, Polaski v. Heckler, 739 F.2d 1320 (order), supplemented, 751 F.2d 943 (8th Cir.1984), vacated, 476 U.S. 1167 , 106 S.Ct. 2885 , 90 L.Ed.2d 974 , adhered to on remand, 804 F.2d 456 (8th Cir.1986), cert. denied, 482 U.S. 927 , 107 S.Ct. 3211 , 96 L.Ed.2d 698 (1987).
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Cited "see"
Caleb J. TRUAX, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services of the United States, Appellee
(2×)
See Polaski v. Heckler, 585 F.Supp. 1004, 1011-1013, 1016, 1018-1019 (D.Minn.), dismissed, 751 F.2d 943 (8th Cir.1984), vacated and remanded on other grounds, 476 U.S. 1167 , 106 S.Ct. 2885 , 90 L.Ed.2d 974 , reinstated, 804 F.2d 456 (1986), cert denied, --- U.S. ----, 107 S.Ct. 3211 , 96 L.Ed.2d 698 (1987). 29 Third, in Rush we noted that the regulations governing terminations "simply do not say what the Secretary says they mean.
discussed
Cited "see"
Odie DOUGLAS, Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellee
See Herbert v. Heckler, 783 F.2d 128, 130 (8th Cir.1986) (interpreting Polaski v. Heckler, 751 F.2d 943 (8th Cir.1984), vacated and remanded on other grounds, — U.S. -, 106 S.Ct. 2885 , 90 L.Ed.2d 974 , reinstated, 804 F.2d 456 (1986), cert. denied, — U.S. -, 107 S.Ct. 3211 , 96 L.Ed.2d 698 (1987)).
discussed
Cited "see, e.g."
Wigg v. Chater
(2×)
Hinchey v. Shalala, 29 F.3d 428, 432 (8th Cir.1994); see also Bishop v. Sullivan, 900 F.2d 1259, 1262 (8th Cir.1990) (citing Polaski v. Heckler, 739 F.2d 1320, 1322 , supplemented, 751 F.2d 943 (8th Cir.1984), vacated, 476 U.S. 1167 , 106 S.Ct. 2885 , 90 L.Ed.2d 974 adhered to on remand, 804 F.2d 456 (8th Cir.1986), cert. denied, 482 U.S. 927 , 107 S.Ct. 3211 , 96 L.Ed.2d 698 (1987)).
discussed
Cited "see, e.g."
Derrig v. Chater
(2×)
Hinchey v. Shalala, 29 F.3d 428, 432 (8th Cir.1994); see also Bishop v. Sullivan, 900 F.2d 1259, 1262 (8th Cir.1990) (citing Polaski v. Heckler, 739 F.2d 1320, 1322 , supplemented, 751 F.2d 943 (8th Cir.1984), vacated, 476 U.S. 1167 , 106 S.Ct. 2885 , 90 L.Ed.2d 974 adhered to on remand, 804 F.2d 456 (8th Cir.1986), cert. denied, 482 U.S. 927 , 107 S.Ct. 3211 , 96 L.Ed.2d 698 (1987)).
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Cited "see, e.g."
Alverio v. Chater
Hinchey v. Shalala, 29 F.3d 428, 432 (8th Cir.1994); see also Bishop v. Sullivan, 900 F.2d 1259, 1262 (8th Cir.1990) (citing Polaski v. Heckler, 739 F.2d 1320, 1322 , supplemented, 751 F.2d 943 (8th Cir.1984), vacated, 476 U.S. 1167 , 106 S.Ct. 2885 , 90 L.Ed.2d 974 , adhered to on remand, 804 F.2d 456 (8th Cir.1986), cert. denied 482 U.S. 927 , 107 S.Ct. 3211 , 96 L.Ed.2d 698 (1987)).
discussed
Cited "see, e.g."
Barry v. Shalala
Hinchey v. Shalala, 29 F.3d 428, 432 (8th Cir.1994); see also Bishop v. Sullivan, 900 F.2d 1259, 1262 (8th Cir.1990) (citing Polaski v. Heckler, 739 F.2d 1320 (order), supplemented, 751 F.2d 943 (8th Cir.1984), vacated, 476 U.S. 1167 , 106 S.Ct. 2885 , 90 L.Ed.2d 974 , adhered to on remand, 804 F.2d 456 (8th Cir.1986), cert, denied, 482 U.S. 927 , 107 S.Ct. 3211 , 96 L.Ed.2d 698 (1987)).
discussed
Cited "see, e.g."
Norng v. Shalala
Hinchey v. Shalala, 29 F.3d 428, 432 (8th Cir.1994); see also Bishop v. Sullivan, 900 F.2d 1259, 1262 (8th Cir.1990) (citing Polaski v. Heckler, 739 F.2d 1320 (order), supplemented, 751 F.2d 943 (8th Cir.1984), vacated, 476 U.S. 1167 , 106 S.Ct. 2885 , 90 L.Ed.2d 974 adhered to on remand, 804 F.2d 456 (8th Cir.1986), cert, denied, 482 U.S. 927 , 107 S.Ct. 3211 , 96 L.Ed.2d 698 (1987)).
discussed
Cited "see, e.g."
Simons v. Sullivan
An AU may disregard a claimant’s allegation of pain if, based on consideration of all the evidence, the AU “explicitly discredits allegations of pain for a legally sufficient reason.” Millbrook v. Heckler, 780 F.2d 1371, 1373-74 (8th Cir.1985); see also Polaski v. Heckler, 739 F.2d 1320, 1321-22 , supplemented, 751 F.2d 943 (8th Cir.1984), vacated, 476 U.S. 1167 , 106 S.Ct. 2885 , 90 L.Ed.2d 974 (1986), adhered to on remand, 804 F.2d 456 (8th Cir.1986), cert. denied, 482 U.S. 927 , 107 S.Ct. 3211 , 96 L.Ed.2d 698 (1987).
discussed
Cited "see, e.g."
Simons v. Sullivan
"Where a non-exertional impairment does so limit the claimant, the Secretary can only carry his burden through use of a vocational expert who can realistically appraise available work that can be performed by the claimant, given his existing abilities." Talbott, 821 F.2d at 515 . 22 An ALJ may disregard a claimant's allegation of pain if, based on consideration of all the evidence, the ALJ "explicitly discredits allegations of pain for a legally sufficient reason." Millbrook v. Heckler, 780 F.2d 1371, 1373-74 (8th Cir.1985); see also Polaski v. Heckler, 739 F.2d 1320, 1321-22 , supplemented, 7…
discussed
Cited "see, e.g."
Rosa Lee BROWN, Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellee
See, e.g., Polaski v. Heckler, 751 F.2d 943, 948 (8th Cir.1984) [vacated and remanded, — U.S.-, 106 S.Ct. 2885 , 90 L.Ed.2d 974 (1986), reinstated, 804 F.2d 456 (8th Cir.), cert. denied, — U.S. -, 107 S.Ct. 3211, 96 L.Ed.2d 698 (1987) ]; Layton v. Heckler, 726 F.2d 440, 442 (8th Cir.1984); Ragsdale v. Secretary, Department of Health, Education and Welfare, 623 F.2d 528, 530 (8th Cir.1980).
discussed
Cited "see, e.g."
In Re James Sebben
See also Polaski v. Heckler, 751 F.2d 943, 951 (8th Cir.1984) (citing Mental Health Ass'n of Minnesota v. Heckler, 720 F.2d 965, 969 (8th Cir.1983)), vacated and remanded, --- U.S. ----, 106 S.Ct. 2885 , 90 L.Ed.2d 974 (1986), reinstated, 804 F.2d 456 .
discussed
Cited "see, e.g."
Sebben v. Brock
See also Polaski v. Heckler, 751 F.2d 943, 951 (8th Cir.1984) (citing Mental Health Ass’n of Minnesota v. Heckler, 720 F.2d 965, 969 (8th Cir.1983)), vacated and remanded, — U.S.-, 106 S.Ct. 2885 , 90 L.Ed.2d 974 (1986), reinstated, 804 F.2d 456 .
Retrieving the full opinion text from the archive…
15 soc.sec.rep.ser. 320, unempl.ins.rep. Cch 17,073 Lorraine Polaski
v.
Margaret M. Heckler, Secretary of Health and Human Services
v.
Margaret M. Heckler, Secretary of Health and Human Services
84-5085.
Court of Appeals for the Eighth Circuit.
Jan 8, 1987.
804 F.2d 456
Howard S. Scher, Deborah R. Kant and William Kanter, Dept, of Justice, Washington, D.C., and Jason Baron, Dept, of Health & Human Services, Baltimore, Md., for appellant., Mary Grau, Minneapolis, Minn., for appellees.
Heaney, Gibson, Fagg.
Cited by 87 opinions | Published
Citer courts: W.D. Arkansas (1)
HEANEY, Circuit Judge.
This matter comes before this Court on remand from the Supreme Court of the United States, — U.S. —, 106 S.Ct. 2885, 90 L.Ed.2d 974. We were directed to reconsider our decision in Polaski v. Heckler, 751 F.2d 943 (8th Cir.1985) in light of Bowen v. City of New York, 476 U.S. —, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986). Upon our request, the parties filed supplemental briefs.
The Secretary takes the position that our opinion must be amended to exclude from the class those people who filed claims with the Secretary within a stated time period but failed to exhaust their administrative remedies by appealing the Secretary’s denial of benefits. The appellees argue that no amendment is required.
After a careful review of Bowen, we agree that no amendment is required for the following reasons:
1. On petition for certiorari the Secretary stated that the exhaustion issue in this case was essentially identical to that presented to the Supreme Court in Bowen. The Supreme Court in Bowen held that exhaustion was not required.
2. Here, as in Bowen, we simply require that the claims of the questioned class members be reopened at the administrative level. We do not order that benefits be paid. Unless these class members are permitted to reopen their claims with the Secretary, they may suffer irreparable injury.
This Court’s stay of July 10, 1985, is lifted and the Clerk is directed to issue the mandate forthwith.