Roy Percy
How Judge Percy rules, drawn from 8 signed orders. Every observation links to the order it came from.
How Judge Percy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When two medical opinions conflict, the judge looks closely at whether the more favorable-to-the-agency opinion is prospective/non-examining versus the less favorable opinion being based on an actual post-treatment examination, treating the latter as the more reliable evidence.
“It is clear that the findings of Dr. Jeffcoat, who did not examine the plaintiff, contradict those of Dr. Morris, who did examine the plaintiff.”
Procedural preferences
He holds ALJs to a duty to affirmatively obtain underlying records an outside agency (like the VA) relied on before discounting that agency's own disability determination, rather than accepting a bare assertion that the record doesn't support it.
“the ALJ did not have those records before him. In keeping with his duty to develop the record fully and fairly...the ALJ should have requested copies of the evidence upon which the VA expressly relied in reaching its decision.”
He requires the administrative record to be developed enough to evaluate a potentially disabling condition and will remand when objective findings and treating-source assessments make a requested consultative examination necessary.
“a physical CE was necessary to enable the ALJ to determine the severity of the plaintiff's residual neuropathy”
Cautions
He will affirm an ALJ's credibility and weighting decisions where they are internally consistent with the treating physician's own clinical notes, even against a claimant's contrary hearing testimony: litigants should not assume every credibility dispute favors remand.
“Conflicts in the evidence are for the Commissioner to decide, and if there is substantial evidence to support the decision, it must be affirmed even if there is evidence on the other side.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The court finds the evidence is conclusive that the plaintiff is disabled, and that an award of benefits at this stage would be in the best interests of the plaintiff's health and welfare... This case is remanded for the sole purpose of determining the amount of benefits to be awarded.”
“Because the ALJ's decision was supported by substantial evidence, the Court affirms the decision of the Commissioner.”
“The Commissioner's denial of benefits will be remanded for additional review in accordance with this opinion.”
“the court finds the Commissioner's decision is supported by substantial evidence, and it is AFFIRMED.”
“the Commissioner's decision is REVERSED and REMANDED for a rehearing of the plaintiff's application under the fourth sentence of § 405(g).”
“the undersigned finds that the Commissioner's decision is supported by substantial evidence, and it is AFFIRMED.”
“the court finds the Commissioner's decision is supported by substantial evidence, and it is AFFIRMED.”
“Ozark Motor Lines, Inc.'s Partial Motion to Dismiss is GRANTED, and the plaintiff's claims against the individual defendant, Mario Jones, are hereby DISMISSED without prejudice.”
Caseload & timing
From public federal docket records for this judge.
The consent-jurisdiction cases reviewed here were Social Security disability appeals, each resolved by a final Memorandum Opinion and Judgment under the parties' 636(c) consent. As a magistrate judge, he also handles case management, discovery, and settlement conferences in matters assigned to the district judges; those referral matters are outside this record's current coverage.
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