· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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