Herbert F. Small v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare (1977)
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· 64 citation events
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Thus, for example, in Hernandez v. Weinberger, supra, at 1123, we stated that “once evidence of capacity to ’ do specific jobs named are commonly known to ‘exist in the national economy’ it is permissible for the Secretary to take notice of this fact.” Similarly, in Small v. Califano, supra, at 800-01, we indicated that where proper findings on actual physical constraints are made, and proper conclusions as to capability of alternate work are reached, a limited use of admini…
While claimant of course bears the burden of proof on the issue of disability, Small v. Califano, 565 F.2d 797, 800 (1st Cir.1977), the Secretary nonetheless retains a certain obligation to develop an adequate record from which a reasonable conclusion can be drawn.
Small v. Califano, 565 F.2d 797, 801 (1st Cir. 1977); Pelletier v. Secretary of Health, Education and Welfare, 525 F.2d 158, 160-61 (1st Cir. 1975).
Second, the major practical legal consequence that flows from classifying á job as “previous work,” rather than as “other ... work,” is that the applicant must prove he is too disabled to engage in “previous work” but after that the burden shifts to the Secretary to prove that he can perform “other ... work.” Geoffroy v. Secretary of Health and Human Services, 663 F.2d 315, 317 (1st Cir. 1981); Small v. Califano, 565 F.2d 797, 800-01 (1st Cir. 1977).
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Marvia A. Cowart, Ssn Rxz-Lh-Flse v. Richard S. Schweiker, Secretary of Health and Human Services, Defendant (1981)
Western v. Harris, 633 F.2d at 1206 ; Lewis v. Weinberger, 515 F.2d 584, 587 (5th Cir. 1975); Dousewisz v. Harris, 646 F.2d 771, 772 (2d Cir. 1981); Hall v. Secretary of HEW, 602 F.2d 1372, 1375 (9th Cir. 1979); Hephner v. Mathews, 574 F.2d 359, 362 (6th Cir. 1978); Small v. Califano, 565 F.2d 797, 800 (1st Cir. 1977); Thompson v. Mathews, 561 F.2d 1294, 1296 (8th Cir. 1977); McLamore v. Weinberger, 538 F.2d 572, 574 (4th Cir. 1976); Meneses v. Secretary of HEW, 442 F.2d 803…
See Halt v. Secretary of H.E.W., 602 F.2d 1372, 1379 (9th Cir. 1977) (“incumbent on Secretary at a minimum, to come forward with specific findings”); Small v. Califano, 565 F.2d 797, 801 (1st Cir. 1977) (“Secretary has obligation both to claimants and to reviewing courts to make full and detailed findings in support of his ultimate conclusion”); Thorne v. Weinberger, 530 F.2d 580, 582 (4th Cir. 1976); Choratch v. Finch, 438 F.2d 342, 343 (3d Cir. 1971) (“not too much to requ…
“Secretary has obligation both to claimants and to reviewing courts to make full and detailed findings in support of his ultimate conclusion”
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Walter E. Parker v. Patricia Roberts Harris, Secretary of Health, Education and Welfare (1980)
See, e. g., Bastien v. Califano, 572 F.2d 908, 912-13 (2d Cir. 1978); 7 Hall v. Secretary of HEW, 602 F.2d 1372, 1375 (9th Cir. 1979); Hephner v. Mathews, 574 F.2d 359, 362 (6th Cir. 1978); Small v. Califano, 565 F.2d 797, 800 (1st Cir. 1977); Thompson v. Mathews, 561 F.2d 1294, 1296 (8th Cir. 1977); McLamore v. Weinberger, 538 F.2d 572, 574 (4th Cir. 1976); Lewis v. Weinberger, 515 F.2d 584, 587 (5th Cir. 1975); Meneses v. Secretary of HEW, 442 F.2d 803, 807 (D.C.
Small v. Califano, 565 F.2d 797, 800 (1st Cir. 1977); 42 U.S.C. § 423 (d)(5); Ramirez v. Secretary of HEW, 528 F.2d 902, 903 (1st Cir. 1976).
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Miranda-Monserrate v. Barnhart (2007)
Compare the following cases: Hernandez, 493 F.2d 1120 (finding that the Secretary did NOT show that the claimant could perform the type of work which was being administratively noticed); Small, 565 F.2d at 801-02 (remanding where the ALJ failed to make findings regarding the personalized ability of *332 claimant to perform a job); Candelaria, 195 Fed.Appx. 2 (finding that the ALJ's own assumption that claimant's ability to perform the full range of light work remained unaffe…
remanding where the ALJ failed to make findings regarding the personalized ability of *332 claimant to perform a job
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Dionne v. Heckler (1984)
If she meets this burden, or if she has no past relevant work, 20 C.F.R. § 404.1565 , the burden shifts to the Secretary to show that “there are other jobs in the economy that claimant can nonetheless perform.” Goodermote, 690 F.2d at 7 ; Vasquez v. Secretary of Health and Human Services, 683 F.2d 1, 2 (1st Cir.1982); Small v. Califano, 565 F.2d 797, 800 (1st Cir.1977).
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Trafton v. Heckler (1983)
Small v. Califano, 565 F.2d 797, 801 (1st Cir.1977).
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Rand v. Barnhart (2005)
Small v. Califano, 565 F.2d 797, 801 (1st Cir.1977).
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LaCroix v. Barnhart (2005)
Small v. Califano, 565 F.2d 797, 801 (1st Cir.1977). *108 B.
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Sullivan v. SSA (1997)
This dual purpose is consistent with the general rule that "[t]he Secretary has an obligation both to claimants and to reviewing courts to make full and detailed findings in support of his ultimate conclusion." Small v. Califano, 565 F.2d 797, 801 (1st Cir. 1977) (citing, inter alia, 42 U.S.C. § 405 (b)) .
citing, inter alia, 42 U.S.C. § 405 (b)
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Sapier v. HHS (1995)
This dual purpose is consistent with the general rule that "[t]he Secretary has an obligation both to claimants and to reviewing courts to make full and detailed findings in support of his ultimate conclusion." Small v. Califano, 565 F.2d 797, 801 (1st Cir. 1977) (citing, inter alia, 42 U.S.C. § 405 (b)) .5 5Having found it necessary to reverse the Secretary's disability determination based on the Secretary's findings at Step 3 of the five-step seguential analysis, the court…
citing, inter alia, 42 U.S.C. § 405 (b)
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Dostert v. Heckler (1985)
It is well recognized that “[t]he Secretary has an obligation both to claimants and to review ing courts to make full and detailed findings in support of his [or her] ultimate conclusion.” Small v. Califano, 565 F.2d 797, 801 (1st Cir.1977).
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Holmes v. Heckler (1984)
Small v. Califano, 565 F.2d 797, 801 (1st Cir.1977).
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Johnson v. Heckler (1984)
Jones v. Heckler, 702 F.2d 616, 620 (5th Cir.1983); Whitney v. Schweiker, 695 F.2d 784, 786 (7th Cir.1982); Kirk v. Secretary of Health and Human Services, 667 F.2d 524, 529 (6th Cir.1981); Hall v. Secretary of HEW, 602 F.2d 1372, 1375 (9th Cir.1979); Small v. Califano, 565 F.2d 797, 800 (1st Cir.1977).
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Taylor v. Heckler (1984)
Small v. Califano, 565 F.2d 797, 801 (1st Cir.1977).
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Dixon v. Heckler (1984)
See, e.g., Hall v. Secretary of HEW, 602 F.2d 1372, 1375 (9th Cir.1979); Hephner v. Mathews, 574 F.2d 359, 361-62 (6th Cir.1978); Small v. Califano, 565 F.2d 797, 800 (1st Cir.1977). 32 .
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Robinson v. Heckler (1984)
Small v. Califano, 565 F.2d 797, 801 (1st Cir.1977).
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Grant v. Secretary of Health & Human Services (1983)
Small v. Califano, 565 F.2d 797, 801 (1st Cir.1977).
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Pabelico v. Schweiker (1983)
Small v. Califano, 565 F.2d 797, 799 (1st Cir.1977); Entrekin v. Weinberger, 477 F.2d 561, 562 (5th Cir.1973).
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Bomes v. Schweiker (1982)
Currier v. Secretary of HEW, 612 F.2d 594, 598 (1st Cir. 1980); Small v. Calif ano, 565 F.2d 797, 800 (1st Cir. 1977); Ramirez v. Secretary of HEW, 528 F.2d 902, 903 (1st Cir. 1976); 42 U.S.C. § 423 (d)(5).
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Davis v. Schweiker (1982)
See, e.g., Parker v. Harris, 626 F.2d 225, 231 (2d Cir. 1980); Wilson v. Califano, 617 F.2d 1050, 1053 (4th Cir. 1980); O’Banner v. Secretary of HEW, 587 F.2d 321, 323 (6th Cir. 1978); Small v. Califano, 565 F.2d 797, 800 (1st Cir. 1977); Thompson v. Mathews, 561 F.2d 1294, 1296 (8th Cir. 1977); Lewis v. Weinberger, 515 F.2d 584, 587 (5th Cir. 1975); Meneses v. Secretary of Hew, 442 F.2d 803, 806-09 (D.C.Cir.1971). 4 .
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Mathis v. Secretary of Health & Human Services (1982)
Geoffroy v. Secretary of Health & Human Services, No. 80-1798, slip op. at 45 (1st Cir. Sept. 28, 1981), citing, Hernandez v. Weinberger, 493, F.2d at 1123, Small v. Califano, 565 F.2d 797, 800-801 (1st Cir. 1977).
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Rosario v. Secretary of Health & Human Services (1981)
This duty is consistent with the general rule that “the Secretary has an obligation both to claimants and to reviewing courts to make full and detailed findings in support of his ultimate conclusion.” Small v. Califano, 565 F.2d 797, 801 (1st Cir. 1977).
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Johnson v. Califano (1979)
Small v. Califano, 565 F.2d 797, 800 (1st Cir. 1977); McLamore v. Weinberger, 538 F.2d 572, 574 (4th Cir. 1976); Kenny v. Weinberger, 417 F.Supp. 393, 398 (E.D.N.Y.1976).
Small v. Califano, 565 F.2d 797, 800 (1st Cir. 1977); McLamore v. Weinberger, 538 F.2d 572, 574 (4th Cir. 1976); Montgomery v. Weinberger, 514 F.2d 1211, 1212 (6th Cir. 1975); Taylor v. Weinberger, 512 F.2d 664, 666 (4th Cir. 1975); Hernandez v. Weinberger, 493 F.2d 1120, 1122 (1st Cir. 1974); Williams v. Mathews, 439 F.Supp. 1327, 1330 (E.D.Va.1977); Lightfoot v. Mathews, 430 F.Supp. 620, 621-22 (N.D.Cal.1977); Kenney v. Weinberger, 417 F.Supp. 393, 398 (E.D.N.Y.1976). 16 .
See generally Small v. Califano, 565 F.2d 797 (1st Cir.1977) (Secretary’s failure to explain findings).
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Constance GALLO, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee (1986)
See Small v. Califano, 565 F.2d 797, 800 (1st Cir.1977).
See Small v. Califano, 565 F.2d 797, 801 (1st Cir. 1977); Torres v. Secretary of Health, Education and Welfare, 475 F.2d 466, 469 (1st Cir. 1973).
See Small v. Califano, 565 F.2d 797, 799 (1st Cir. 1977). 4 .
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Coggon v. Barnhart (2005)
“Failure to provide an adequate basis for the reviewing court to determine whether the administrative decision is based on substantial evidence requires a remand ... for further explanation.” Crosby v. Heckler, 638 F.Supp. 383, 385-86 (D.Mass.1985) (Zobel, J.); see Small, 565 F.2d at 801 .
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DiStefano v. Bowen (1988)
See Small v. Califano, 565 F.2d 797, 801 (1st Cir.1977).
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Agresti v. Secretary of Health and Human Services (1986)
April 12, 1985) (Zobel, J.); see Small v. Califano, 565 F.2d 797, 801 (1st Cir.1977).
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San Antonio v. Berryhill (2020)
See also Small v. Califano, 565 F.2d 797, 799 (1st Cir. 1977) (noting that that the fact that determinations of disability were made by a private insurer and Veterans Administration is “not conclusive of disability” under the Act.) Further, the ALJ’s analysis was not internally inconsistent.
noting that that the fact that determinations of disability were made by a private insurer and Veterans Administration is “not conclusive of disability” under the Act.
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Blaisdell v. Secretary of Health & Human Services (1985)
See Small v. Califano, 565 F.2d 797, 800 , 801 n. 1 (1st Cir.1977) (inability to perform previous work is a prima facie case of entitlement; “an unknown physical condition cannot be matched to an undescribed job.”) Defendant asserts that new evidence, the testimony of a medical advisor, was addressed on remand.
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Souza v. Heckler (1985)
Then, the government must prove that, considering the plaintiffs age, education and work experience, he is able to engage in other substantial gainful work which exists in the national economy. 42 U.S.C. § 423 (d)(2)(A); see Small v. Califano, 565 F.2d 797 (1st Cir.1977); Hernandez v. Weinberger, 493 F.2d 1120 (1st Cir.1974).
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Power v. Heckler (1985)
See Small v. Califano, 565 F.2d 797, 801 (1st Cir.1977); Dionne, supra, 585 F.Supp. 1060 .
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Moore v. Heckler (1983)
See Small v. Califano, 565 F.2d 797, 800-01 (1st Cir.1977).
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Ramos v. Secretary of Health & Human Services (1981)
See Small v. Califano, 565 F.2d 797 (1st Cir., 1977).