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· 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 CourtListener

Sourced 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.