Davis v. Apfel, Docket No. 97-6243
| Decision Date | 16 July 1998 |
| Docket Number | Docket No. 97-6243 |
| Citation | 145 F.3d 572 |
| Parties | Mark DAVIS, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Second Circuit |
Christopher James Bowes, Center for Disability Advocacy Rights, Inc., New York City, for Plaintiff-Appellant.
Linda A. Riffkin, Assistant United States Attorney for the Southern District of New York, New York City, for Defendant-Appellee.
Before: WINTER, Chief Judge, McLAUGHLIN, Circuit Judge, and SHADUR, * District Judge.
Mark Davis appeals from Judge Scheindlin's grant of judgment on the pleadings for the Commissioner of Social Security ("Commissioner") and denial, on the ground that he had not established his asthma was a disability, of Davis's claim for disability insurance benefits. On appeal, Davis restates his arguments to the district court, namely that the proposed regulation that changed the Commissioner's definition of a disability due to asthma was not properly noticed and was otherwise arbitrary, that the Administrative Law Judge's ("ALJ's") decision erroneously relied on a report authored by a doctor now subject to disciplinary proceedings, and that the ALJ erred, for a number of reasons, when she determined that Davis was not disabled. We affirm for substantially the reasons stated in Judge Scheindlin's opinion, Davis v. Callahan, 96 Civ. 9367(SAS), 1997 WL 438772 (S.D.N.Y. Aug. 4, 1997).
* The Honorable Milton I. Shadur, of the United States District Court for the Northern District of Illinois, sitting by designation.
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Echevarria v. Apfel
... ... Dist. LEXIS 1549, at *31-*32 (S.D.N.Y. Feb ... Page 294 ... 11, 1998); Davis v. Callahan, No. 96 Civ. 9367(SAS), 1997 WL 438772, at *11, 1997 U.S. Dist. LEXIS 11256, at ... ...
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Moronta v. Comm'r of Soc. Sec.
...same," given that "the limitations in issue do not affect Plaintiff's ability to perform sedentary work"), aff'd sub nom. Davis v. Apfel, 145 F.3d 572 (2d Cir. 1998). Indeed, notwithstanding the ALJ's somewhat careless language, it appears that she relied on Dr. Mann's Record Review primari......
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Pantojas v. Apfel, 98 Civ. 3391 (LAK).
... ... See Davis v. Callahan, No. 96 Civ. 9367(SAS), 1997 WL 438772, at *9 (S.D.N.Y. Aug.4, 1997), aff'd, 145 F.3d ... ...
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Davis v. Comm'r of Soc. Sec.
...be harmless. See e.g., Davis v. Callahan, No. 96 CIV. 9367, 1997 WL 438772, at *12 (S.D.N.Y. Aug. 4, 1997), aff'd sub nom. Davis v. Apfel, 145 F.3d 572 (2d Cir. 1998) (ALJ's error in not explaining the weight afforded to non-examining physicians' opinion harmless because "whether or not the......
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Table of cases
...301.2, 504.4, 604.6, 1301.2 Davis v. Apfel, 133 F. Supp.2d 542 (E.D. Mich. Mar. 14, 2001), §§ 301.2, 607.1, 607.2, 1301.2 Davis v. Apfel , 145 F.3d 572 (2d Cir. 1998), § 318.1 Davis v. Apfel, 149 F. Supp.2d 99 (D. Del. June 27, 2001), §§ 106.2, 202.9 Davis v. Apfel, 239 F.3d 962 (8th Cir. F......
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Table of Cases
...301.2, 504.4, 604.6, 1301.2 Davis v. Apfel, 133 F. Supp.2d 542 (E.D. Mich. Mar. 14, 2001), §§ 301.2, 607.1, 607.2, 1301.2 Davis v. Apfel , 145 F.3d 572 (2d Cir. 1998), § 318.1 Davis v. Apfel, 149 F. Supp.2d 99 (D. Del. June 27, 2001), §§ 106.2, 202.9 Davis v. Apfel, 239 F.3d 962 (8th Cir. F......