· 12/20/1999
Ellen Melville v. Kenneth S. Apfel, Commissioner of Social Security
Citations
- 198 F.3d 45
- 1999 U.S. App. LEXIS 32880
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the plaintiff bears the burden of proof at the first four steps
- defining RFC as the “maximum remaining ability to do sustained work activities in an ordinary work setting on a regular and continuing basis” (quoting SSR 96–8p)
- defining RFC as the “maximum remaining ability to do sustained work activities in an ordinary work setting on a regular and continuing basis” (quoting SSR 96–8p)
- finding record, the ALJ does not discuss its findings or how they compare to Claimant’s current level of impairment.7 Cf. Carin P. v. Saul, No. 19-2041, 2020 WL 3400198, at (C.D.Ill. Apr. 13, 2020
- part-time work that is “substantial gainful activity” can constitute past relevant work at step four
- “Because a hearing on disability benefits' is a nonadversarial proceeding, the ALJ generally has an affirmative.obligation to develop the administrative record.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Straub, Pooler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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.