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· 6/8/2018

Abbott Bros. II Steak Out, Inc. v. Tsoulis

Citations

  • 2018 NY Slip Op 4123

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that there are no “magic words,” but that the ALJ must account for the totality of a plaintiff’s limitations
  • holding that “someone with problems concentrating might not be able to complete a task consistently over the course of a workday, no matter how simple it may be”
  • noting that “highlighting facts that support a finding of non- disability while ignoring evidence to the contrary” constitutes “impermissible cherry-picking”
  • finding that the “ALJ did not take any of the shortcuts on [the plaintiff’s concentration, persistence, and pace] limitations that we have found problematic in other cases” and that the ALJ “tailored” the RFC to her specific limitations
  • reversing ALJ opinion that “highlight[ed]” and “made much of the fact[s]” supporting a finding of non-disability but “discounted” and “ignor[ed] evidence to the contrary”
  • rejecting concentration, persistence, and pace argument when ALJ tailored claimant’s residual functional capacity to the noted limitations

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.