Jeremiah J. McCarthy
How Judge McCarthy rules, drawn from 25 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 several Social Security remands, McCarthy has pushed back on ALJs who identify a gap in the medical record, most often missing mental-health treatment notes or a stale functional opinion predating a later diagnosis, but then rely on the resulting absence of evidence to discount the claimant's allegations, rather than filling the gap themselves. He has treated that pattern as legal error requiring remand even where the claimant was represented by counsel.
“It is a legal error for an ALJ to rely upon the lack of evidence in the record where the record is equally clear that evidence exists, but the ALJ failed to obtain it.”
When an ALJ rejects a nonexertional limitation (overhead reaching, sustained attention) that is supported by more than one medical source, McCarthy has required the ALJ's explanation to actually engage the specific clinical finding at issue: general observations like intact grip strength or an ability to lift an arm 'above shoulder level' were not enough to displace a specific range-of-motion limitation neither doctor's opinion was ever squarely reconciled against.
“ALJ Patane does not cite to any regulation, case, or medical opinion to support his assumption that plaintiff's ability to lift her arm above shoulder level, but not through the normal range of motion, demonstrated that no overhead reaching limitation was necessary or appropriate.”
Procedural preferences
McCarthy consistently reviews stipulated EAJA fee awards independently rather than rubber-stamping them, checking the cost-of-living-adjusted hourly rate and the hours billed against the Consumer Price Index before approving a stipulated amount.
“The fact that the parties have stipulated to an amount does not relieve this court of the obligation to determine whether that amount is reasonable.”
Cautions
On a discovery motion to compel a claim file in an insurance-coverage dispute, McCarthy will grant a compromise disclosure order rather than an all-or-nothing ruling, but expects counsel to narrow the dispute through further meet-and-confer before he rules.
“DECISION AND ORDER granting in part and denying in part 25 Motion to Compel.”
In one recent criminal complaint, McCarthy granted two unopposed requests to extend the Rule 48(b) dismissal deadline but denied a third when the defense offered no compelling reason. The episode shows that prior extensions do not make a further scheduling request automatic.
“The deadline has already been extended twice 12 14, and no compelling reason has been offered for a third extension. Therefore, the motion is denied.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For these reasons, plaintiff's motion for judgment on the pleadings [15] is denied and the Acting Commissioner's motion for judgment on the pleadings [18] is granted.”
“The Stipulation [21] is approved as follows: the court awards plaintiff attorney's fees in the amount of $6316.98 payable to plaintiff's counsel...”
“For these reasons, the plaintiff's motion [14] is granted and this matter is remanded for further proceedings consistent with this opinion. The Commissioner's cross-motion [17] is denied.”
“The Stipulation [24] is approved as follows: the court awards plaintiff attorney's fees in the amount of $8,527.49 payable to plaintiff's counsel...”
“For these reasons, plaintiff's motion for judgment on the pleadings [18] is denied, and the Commissioner's motion for judgment on the pleadings [19] is granted.”
“For these reasons, plaintiff's motion for judgment on the pleadings [9] is granted to the extent that this matter is remanded to the Commissioner for further proceedings consistent with this Decision and Order, and is otherwise denied.”
“The Stipulation [17] is approved as follows: the court awards plaintiff attorney's fees in the amount of $6,500.00 and costs in the amount of $400.00 payable to plaintiff's counsel...”
“For these reasons, plaintiff's motion for judgment on the pleadings [16] is granted to the extent that this matter is remanded to the Commissioner for further proceedings consistent with this Decision and Order, and is otherwise denied.”
“The Stipulation [25] is approved as follows: the court awards plaintiff attorney's fees in the amount of $7,379.87 payable to plaintiff's counsel...”
“For these reasons, the Commissioner's cross-motion for judgment on the pleadings [11] is granted and plaintiff's motion [10] is denied.”
“For the reasons stated above, plaintiff's Motion for Judgment on the Pleadings [13] is granted to the extent it seeks vacatur and remand, the Commissioner's Motion for Judgment on the Pleadings [14] is denied, and this matter is remanded to the Commissioner for further administrative proceedings consistent with this opinion.”
“The stipulation [21] is approved as follows: the court awards plaintiff attorney's fees in the amount of $5,333.23...”
Caseload & timing
From public federal docket records for this judge.
- McCarthy's enumerated civil docket since 2016 is dominated by Social Security disability/SSI appeals under the district's 636(c) consent Social Security Plan, alongside a recurring smaller mix of employment-discrimination, personal-injury/insurance-coverage, FLSA wage-and-hour, and FOIA matters; on the criminal side he handles a high volume of the district's 'mj' initial-appearance and detention-hearing docket.
- A handful of his oldest enumerated cases (prisoner civil-rights suits filed 1998-2004) actually reflect an earlier, predecessor magistrate's docket that was later reassigned to him, rather than his own original work, and were excluded from this sample for that reason.
Draft for Judge McCarthy with the record in hand
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