Skip to main content
· 11/10/1998

Wayne T. BAKER, Appellant, v. Kenneth S. APFEL, Commissioner of Social Security Administration, Appellee

Citations

  • 159 F.3d 1140
  • 1998 U.S. App. LEXIS 28234
  • 1998 WL 778337

How courts have described this case

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

  • holding that chronic absenteeism needed to be included in the RFC where a plaintiff’s migraines rendered him absent roughly once every two weeks
  • holding that while the claimant experienced arthritic pain and headaches, it was not so severe as to be disabling
  • finding that if excessive absenteeism is caused by a claimant’s impairment, it should be included in the RFC and considered by the vocational expert
  • if excessive absenteeism is caused by a claimant's impairment, it should be included in the RFC and considered by the vocational expert
  • “the fact that the claimant's pain is not so severe as to be disabling does not necessarily mean that it places no limits or restrictions on his ability to work”
  • “Based on all the medical evidence, there is no doubt that the claimant experiences pain; the question is whether the pain, in and of itself, is so severe as to be disabling.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Arnold, Beam

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.