Patricia D. Barksdale
How Judge Barksdale rules, drawn from 7 signed orders. Every observation links to the order it came from.
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.”
When an administrative law judge uses an alleged onset date to discount symptom testimony, an unaddressed request to amend that onset date can require remand and reevaluation of the testimony.
“The decision is reversed and the case is remanded”
In Meade, the court found the administrative law judge adequately evaluated both supportability and consistency when addressing a medical source's opinions, and affirmed the agency decision.
“Here, the ALJ properly considered the consistency of Dr. Merrell’s opinions compared to the record as a whole. Remand on this basis is unwarranted.”
For EAJA applications, clerical filing work is excluded from compensable attorney time even when an attorney performs it.
“Tasks like filing or e-filing are considered clerical and are not compensable as an attorney’s fee under the EAJA.”
For contingent Social Security fees, the court separately examines counsel-caused delay and may reduce the requested fee by the portion of past-due benefits attributable to that delay.
“A reduction in the requested fee award is warranted to account for the four-week delay. That delay was caused by the time Bohr needed based on her circumstances.”
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.”
“ORDER reversing the Commissioner of Social Security's decision, remanding the case to the Commissioner, and directing the clerk to enter judgment for Tyrone Foster and against the Commissioner and close the file.”
“ORDER affirming the Commissioner of Social Security's final decision and directing the clerk to enter judgment for the Commissioner and against Melanie Higgins and close the file.”
“The Commissioner’s decision is affirmed. The clerk is directed to enter judgment for the Commissioner of Social Security and against Kyle Robert Meade and close the file.”
“grants the Commissioner’s unopposed motion, Doc. 20; reverses the decision under sentence four of 42 U.S.C. § 405(g); remands the case with directions to ‘offer [Totherow] the opportunity for a hearing and issue a new decision’”
“The court grants in part and denies in part the motion, Doc. 18; awards McClean $3,436.74 as an attorney’s fee and $405.00 in taxable costs”
“grants in part the amended request, Doc. 29; authorizes Bohr to charge the plaintiff $11,413.62 from past-due benefits for the successful representation of the plaintiff”
“denies the original request, Doc. 28, as moot.”
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