Tate v. Acting Comm'r of Soc. Sec. Admin.

2 Citing cases

  1. Sims v. Comm'r of Soc. Sec. Admin.

    No. CV-20-01498-PHX-DWL (D. Ariz. Mar. 17, 2022)

    Tate v. Acting Comm'r of Soc. Sec. Admin., 413 F.Supp.3d 1003, 1009 (D. Ariz. 2019).

  2. Aljanabi v. Comm'r of Soc. Sec. Admin.

    No. CV-20-01777-PHX-DWL (D. Ariz. Feb. 17, 2022)   Cited 1 times
    In Aljanabi, however, the Commissioner at least (1) explicitly argued that the Court need not address the remaining issues and, more importantly, (2) provided some reasoning in the alternative as to why the ALJ's secondary analysis was not erroneous.

    But β€œit is beyond the scope of the ALJ's authority to insert his or her interpretation of testing results in place of an examining physician.” Tate v. Acting Comm'r of Soc. Sec. Admin., 413 F.Supp.3d 1003, 1009 (D. Ariz. 2019); see also Schmidt v. Sullivan, 914 F.2d 117, 118 (7th Cir. 1990) (β€œ[J]udges, including administrative law judges of the Social Security Administration, must be careful not to succumb to the temptation to play doctor. . . . Common sense can mislead; lay intuitions about medical phenomena are often wrong.”)