Paul J. Cleary
Judge Cleary no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Cleary decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When an ALJ discounts a treating physician's opinion, the judge looks for a specific, evidence-based explanation rather than a blanket assertion that the opinion lacks objective support -- and he will reverse if the ALJ's own decision actually cites the very objective findings it claims are missing.
“The ALJ stated that no evidence existed, but the ALJ actually summarized the results of the objective laboratory tests that Dr. Calvin ordered.”
The judge treats an ALJ's total silence on a claimant's specific, well-documented complaint (as opposed to a complaint the ALJ actually weighed and rejected) as reversible, because a reviewing court cannot supply the missing reasoning after the fact.
“Since the ALJ did not specifically discuss Plaintiff's hand and arm complaints, the court cannot determine whether the ALJ found the hand complaints were adequately addressed... An argument can be made that the medical records support a finding of hand limitations. Likewise the evidence can be read as supporting no hand limitations. This determination should be made in the first instance by the ALJ.”
Procedural preferences
On credibility challenges, the judge defers heavily to an ALJ's pain-and-symptom findings as long as the decision closely ties specific record evidence (daily activities, examination findings, gaps in treatment) to the credibility conclusion, rather than announcing it as a bare conclusion.
“In his decision, the ALJ discussed the portions of the records he believed contradict Watkins' subjective statements, thus satisfying his duty to support his credibility finding with substantial evidence.”
The judge will not fault the Commissioner's brief for failing to rebut a broad, unfocused opening brief; he expects a claimant's opening brief to clearly identify the specific medical evidence and limitation at issue, and treats a later, more focused reply brief as arriving too late to require a response.
“In her reply brief Plaintiff clarified that the focus of her appeal was on the ALJ's treatment of her complaints of numbness and tingling in her hands and fingers. That focus was not apparent from Plaintiff's opening brief. As a result, the Commissioner cannot be faulted for the manner in which Plaintiff's broad generalized allegations were addressed.”
Cautions
A remand from this judge is procedural, not a ruling on the merits of the disability claim -- he is explicit that reversal does not predetermine the outcome on remand.
“Nor does the Court take any position on the merits of Rodriguez's disability claim, and '(no) particular result' is ordered on remand... This case is remanded only to assure that the correct legal standards are invoked in reaching a decision based on the facts of the case.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Commissioner’s denial decision is REVERSED and the case is REMANDED for further proceedings as specified herein.”
“For the reasons discussed below, the Commissioner’s decision is REVERSED AND REMANDED.”
“Accordingly, the decision of the Commissioner finding Farmer is not disabled is hereby AFFIRMED.”
“For the reasons discussed below, the Commissioner’s decision is REVERSED AND REMANDED.”
“Accordingly, the decision of the Commissioner finding Allen is not disabled is hereby AFFIRMED.”
“Accordingly, the decision of the Commissioner finding Watkins is not disabled is hereby AFFIRMED.”
“Accordingly, the decision of the Commissioner finding White is not disabled is hereby AFFIRMED.”
“For the reasons discussed below, the Commissioner’s decision is REVERSED AND REMANDED.”
Caseload & timing
From public federal docket records for this judge.
Median motion-to-ruling time: 459 days (N = 30).
Case-level enumeration only; the sampled cohort below is limited to the Social Security appeals with retained opinions.
A historical record
Judge Cleary no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.