Case Citator › Phillips v. Barnhart

Phillips v. Barnhart

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Eleventh Circuit
Citation
357 F.3d 1232
Decided
Confirmed treatments
1
Flagged citations read
35 of 35
Citing cases (total)
35
Treatment dates
2022
Abrogated
A reviewed court treats this case as abrogated by later authority. Phillips v. Barnhart's treating physician rule was abrogated for Social Security claims filed on or after March 27, 2017. The Eleventh Circuit held in Harner v. Social Security Administration, Commissioner that the new regulation validly displaced its earlier rule.
More on how this was screened

Jones v. Social Security Administration, Commissioner later identified Phillips as a statement of that rule. Phillips's separate holding about when vocational expert testimony is needed at step five remains in use. The confirmed treatment is listed below. All 35 flagged citations have been read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

35 later cases cite Phillips v. Barnhart; 35 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Phillips v. Barnhart?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Eleventh Circuit held that the new regulation abrogated Phillips's rule requiring substantial or considerable weight for treating physicians' opinions absent good cause, for claims filed on or after March 27, 2017.

    Harner v. Social Security Administration, Commissioner · Eleventh Circuit · filed

    The new regulation, 20 C.F.R. § 404.1520c (2017), abrogated the “treating-physician rule” first developed by this and other courts of appeals.
    Read the full opinion on CourtListener →

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