Mills v. Astrue

2 Citing cases

  1. McDaniel v. Kijakazi

    22-cv-21201-KING/DAMIAN (S.D. Fla. Aug. 25, 2023)

    The undersigned offers no opinion on what a complete and accurate review of the administrative record might conclude on Ms. McDaniel's disability applications, but the undersigned cannot conclude that the ALJ's Decision is supported by substantial evidence, and, therefore, remand is warranted.See Mills v. Astrue, 226 Fed.Appx. 926, 931-32 (11th Cir. 2007) (acknowledging evidence in the record not mentioned by the ALJ may support administrative decision but concluding that court could not “say the error was harmless without re-weighing the evidence,” which would require “conjecture that invades the province of the ALJ”).

  2. Greene v. Colvin

    CIVIL ACTION NO. 1:15-CV-01956-TWT-LTW (N.D. Ga. Jul. 23, 2016)

    Moreover, to reject a treating physician's opinion, the reasons provided must be supported by substantial evidence and the ALJ may not misstate the record. Mills v. Astrue, 226 F. App'x 926, 931 (11th Cir. 2007); Somogy v. Comm'r of Soc. Sec., 366 F. App'x 56, 63-64 (11th Cir. 2010): see also Burroughs v. Massanari, 156 F. Supp. 2d 1350, 1366 (N.D. Ga. 2001) (holding that although the ALJ provided five reasons for rejecting a treating physician's opinion, the record refuted some reasons, others were not supported by substantial evidence, and the "remaining reasons offered by the ALJ [were] meritless"). Here, while the ALJ provided five reasons for rejecting Dr. White-Williams' RFC Assessment, the ALJ either failed to support his reasons with substantial evidence or mischaracterizes the record in support of his reasons.