Judith C. McCarthy
How Judge McCarthy rules, drawn from 5 signed orders. Every observation links to the order it came from.
How Judge McCarthy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In one Social Security appeal, McCarthy remanded because the administrative law judge had not made sufficient efforts to obtain functional opinions from treating physicians before relying on consultative examiners.
“The Court remands the case because similar efforts should have been made with Plaintiff's other treating physicians before the ALJ assigned significant weight to the opinions of Plaintiff's consultative examiners.”
In an FLSA settlement review, she approved an agreement after finding that it resulted from arm's-length negotiations and fairly resolved the contested issues.
“I find that the Agreement is a fair and reasonable resolution of the case.”
Procedural preferences
Her Social Security analysis treated development of the administrative record as a threshold issue that had to be resolved before substantial-evidence review.
“where the ALJ has failed to develop the record, a reviewing court need not—indeed, cannot—reach the question of whether the Commissioner's denial of benefits was based on substantial evidence.”
Cautions
In a premises-liability case, speculation about a spill's age did not establish constructive notice without evidence showing how long the substance had been on the floor.
“Plaintiff offers no evidence regarding how long the solution had been on the floor prior to the Accident.”
In another Social Security appeal, she upheld the agency decision where treatment notes and examinations supported the administrative law judge's assessment despite contrary evidence in the record.
“the findings of fact in a disability determination must be upheld if they are supported by substantial evidence, even if there is also substantial evidence for the claimant's position.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the Court approves the settlement and dismisses this action with prejudice.”
“Plaintiff's motion for judgment on the pleadings is denied”
“the Commissioner's cross-motion for judgment on the pleadings is granted”
“the Commissioner's motion for judgment on the pleadings is denied”
“Plaintiff's motion is granted, and the case is remanded for further proceedings consistent with this opinion.”
“For the foregoing reasons, Defendant's motion for summary judgment is granted.”
“For the foregoing reasons, Plaintiff's Motion is granted, and the case is remanded to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with this Opinion and Order.”
Caseload & timing
From public federal docket records for this judge.
The targeted sample includes five Social Security appeals, two wage-and-hour settlement matters, one premises-liability action, and one employment-settlement matter.
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