Patricia D. Barksdale
How Judge Barksdale decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
One-time consultative examiner opinions: an ALJ may properly assign little weight to a one-time consultative examiner's opinion (here Dr. Perdomo) where it is contradicted by the record as a whole and the ALJ's reasoning is articulated across the preceding RFC discussion; the examiner's opinion is 'not entitled to great weight.' Barksdale recommended affirmance on this ground and the district judge agreed.
“the ALJ had ample ammunition to give little weight to Dr. Perdomo's opinion, and his reasoning was clearly and appropriately articulated.”
VA disability ratings (the ground on which she was REVERSED): in the 11th Circuit a VA disability rating -- especially a 100% service-connected rating -- must receive 'great weight,' 'serious consideration,' and 'close scrutiny'; an ALJ who merely 'takes note' of it and discounts it as categorically 'of little probative value' because the two agencies use different processes commits legal error requiring remand. Barksdale's R&R recommended the ALJ's treatment sufficed; the district judge rejected that.
“Such cursory treatment of the VA's 100% disability rating constitutes legal error. ... The decision of the Commissioner is REVERSED, and this case is REMANDED so that the ALJ can apply the correct legal standard of close scrutiny and serious consideration to Plaintiff's 100% VA disability rating.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Social security appeal N = 1 |
Denied: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“On referral, U.S. Magistrate Judge Patricia D. Barksdale issued a Report and Recommendation recommending the Commissioner's final decision be affirmed. ... the R&R is due to be partially adopted, the Objection partially sustained, and this case remanded to the Administrative Law Judge.”