James E. Marner
How Judge Marner rules, drawn from 3 signed orders. Every observation links to the order it came from.
How Judge Marner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the initial Social Security sample, Marner treated an administrative law judge's failure to address supported functional limitations and explain the supportability and consistency of medical opinions as harmful error requiring remand.
“the ALJ failed to discuss FNPC Kuhn’s opined manipulative limitations and the vocational impact of the same. This Court also finds that the ALJ erred in accepting portions of Dr. Palmer’s opinion without explanation”
Cautions
When rejecting a claimant's symptom testimony, the administrative decision must connect the evidence to specific testimony and provide clear, convincing reasons; a lack of objective corroboration cannot stand alone.
“a lack of objective medical support, now standing alone, is not a specific, clear and convincing reason for rejecting Gallegos's symptom testimony.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, it is RECOMMENDED that the district court REVERSE the decision of the and remand the matter to the Commissioner for further administrative proceedings.”
“For the foregoing reasons, it is RECOMMENDED that the district court REVERSE the decision of the ALJ and remand the matter to the Commissioner for further administrative proceedings.”
On screening an amended self-represented complaint, Marner recommended dismissal after finding the federal claims implausible and further amendment futile. The district judge adopted the recommendation, dismissing the federal claims with prejudice and the state claims without prejudice. No party-filed dismissal motion was before him, so the screening disposition is excluded from motion counts.
Caseload & timing
From public federal docket records for this judge.
The reviewed matters show a mixed Tucson docket: Social Security referrals, general civil cases, criminal-duty proceedings, and a growing group of consent alien-detainee habeas petitions. Many recently filed matters remained pending. This is a description of the sampled records, not an overall outcome rate.
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Ezel grounds your drafting and research in this profile: what has persuaded Judge Marner, and what has not, cited to the signed orders.
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