11th Circuit Social Security Case 2020 Update (Digital Download)

11th Circuit Social Security Case 2020 Update (Digital Download)

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  • Annotates published & unpublished 11th Circuit cases and published district court cases over the past 30 years through September 15, 2020

  • NEW sections on EAJA and 406(b) Attorney Fees
  • NEW section on key Supreme Court cases addressing Social Security and attorney fee issues
  • Widely used by members of the federal judiciary in the Eleventh Circuit
  • Addresses 5 new published 11th Circuit cases addressing the following key issues:
  1. Remanding due to flawed vocational witness testimony regarding the number of jobs;

  2. Clarifying how decisions of other agencies, such as the VA, must be considered and reconciled an “apparent tension” in prior holdings;

  3. Finding error in ALJ’s reliance on VE testimony in response to a hypothetical question that did not accurately describe the claimant’s bipolar disorder, as it did not account for difficulties completing a normal workweek, unexcused absences or time spent off-task;

  4. While the treating physicians completed questionnaires using a “check box” format, “that is not a basis, in and of itself, to discount them as conclusory,” noting it was the same type of format used for an opinion the ALJ relied on, and opinions from treating physicians are not to be considered in a vacuum; and

  5. Holding that under SSR 00-4p, ALJs have an affirmative duty to identify any apparent conflicts between the testimony of a VE and the DOT, and to resolve them.