The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . . §§ 202.1(a), 202.10(a), containing the relevant standards. See AR at 210-12. . . .
. . . . § 202.10(c) (1960) (punctuation altered). . . .
. . . Pt. 404, Subpart P., App. 2 § 202.10. . . .
. . . . § 202.10(a). . . .
. . . . § 202.10(4). . FDA Promotional Guidance, at 8. . . U.S. . . .
. . . Second, this court has previously said that, at least “[i]n light of [the Secretary’s] selection of Rule 202.10 . . .
. . . significant number of jobs existing in the national and local economies (Tr. 18-19), and using Rule 202.10 . . .
. . . to approve or deny legislative determinations, id. § 202.10(A). . . . See id. § 202.10(D)-(E). . . . Id. § 202.10(A). . . . Id. § 202.10(A). . . . See Huntington Beach, Cal., Code § 202.10(D). . . . .
. . . This figure must also be reduced by $202.10, representing the $0.94 per diem amount multiplied by the . . .
. . . ALJ concluded that a finding of “not disabled” was directed by Medical-Vocational Rules 202.17 and 202.10 . . .
. . . Pursuant to Grid Rules 202.10 and 202.11, this compelled a determination that Caudill was not disabled . . .
. . . See id. at § 202.10. . . . P, app. 2, at § 202.10 with id. at § 201.09 (whether a claimant with certain characteristics in disabled . . .
. . . noted that had Plaintiff been able to perform the full range of light work, Medical-Vocational rules 202.10 . . . Defendant further argues that the ALJ properly used Medical-Vocational Rules 202.10 and 202.11 as a framework . . . The ALJ used Rules 202.10 and 202.11 as a framework for decision making, both of which direct a finding . . . Medical-Vocational Rule 202.10 directs a finding of “not disabled” for a claimant who is closely approaching . . . P, App. 2 § 202.10. . . . .
. . . P, app. 2 § 202.10. . . .
. . . P, App. 2, §§ 201.11 (transferable skills), 202.10 (light work). . . .
. . . .1990) appealed from a district court judgment affirming the denial of his benefits under Grid Rule 202.10 . . .
. . . (Tr. 17-20) Considering the testimony of the vocational expert (VE) and the grid Rule 202.10, the ALJ . . . In using the Grid, the ALJ used as a framework Rule 202.10 for persons able to do light work and closely . . . See Vocational Rules 202.10 through 202.12, Appx. 2 Subpart P, Regulations No. 4. . . .
. . . Assuming arguendo the ALJ should have classified Pena as unskilled, rule 202.10 would apply. . . .
. . . Part 404, Subpart P, App. 2, Table 2, Rule 202.10. . . . Part 404, Subpart P, App. 2, Table 2, Rule 202.10 which directs “not disabled” rather than fairly considering . . .
. . . Rule 202.10 states that a claimant who is closely approaching advanced age, has a limited education ( . . .
. . . Rule 202.10 of the Medical-Vocational Guidelines directed a finding of “not disabled.” . . .
. . . . § 202.10 (emphasis added). . . .
. . . . § 202.10(c) (1959); footnotes omitted). . See infra note 8. . . . . Id. at 800 (quoting 37 C.F.R. § 202.10(b) (1976)). . . . concluded that the Copyright Office had adopted a "reasonable and well-supported interpretation of § 202.10 . . .
. . . P, App. 2, Rule 202.10. . . .
. . . significant number of jobs in the ■ national economy and the framework of Medical-Vocational Rules 202.10 . . .
. . . The court next noted that Rule 202.10 directs that a claimant with the plaintiffs qualifications who . . .
. . . . § 202.10. . . . I (official staff interpretations to § 202.10). . . .
. . . . § 202.10(b). . . .
. . . Specifically referencing Rules 202.10-12 and 202.17-19, and relying on the testimony of a vocational . . . his to perform the full range of light work, using Medical-Vocational Rule[s] 202.17, 202.18, 202.19, 202.10 . . . P, App. 2, §§ 202.10-12, 202.17-19. . . . Nonetheless, as previously noted, the ALJ relied on Rules 202.10-12 and 202.17-19 in reaching his decision . . . P, App. 2, §§ 202.10-11, 202.17-18. . . .
. . . Part 202.10(a); 12 C.F.R. Part 202.6(b)(6). We agree. . . .
. . . To the extent that this was an error, it was harmless as Rule 202.10, which assumes less than a high-school . . .
. . . . § 404.1569 (Rules 202.10 and 202.17 pertain to Wright’s exertional capacity and her age, education, . . . she argues that the ALJ should have used Rule 201.09, pertaining to sedentary work, rather than Rule 202.10 . . .
. . . range of light work (which he also concluded she was not), Hollins would be “not disabled” under Rule 202.10 . . . analyzed Hollins’s literacy and determined that she was illiterate, he would have had to apply not Rule 202.10 . . .
. . . The ALJ relied on Sections 404.1569 and 416.969 as well as the framework of Rule 202.10, Table 2, Appendix . . . a finding of “not disabled” is required by application of the framework of Medical-Vocational Rule 202.10 . . .
. . . See §§ 202.10-.41, Fla. Stat. (2002). . . . .
. . . finality, death knell, and pragmatic finality doctrines — emerge from the cases. 19 MooRE §§ 202.07 - 202.10 . . .
. . . P, App. 2, specifically Rules 202.10 and 202.17, provide a framework for a finding of not disabled.” . . . P, App. 2, § 202.10. . . .
. . . The ALJ, however, applied § 202.10 in plaintiffs case. . . . The difference between § 201.09 and 202.10, of course, is defined by the difference between sedentary . . .
. . . . § 202.00, Rules 202.10 & 202.11, or medium work, see 20 C.F.R. § 203.00, Rule 203.19. . . .
. . . capacity for light work, and the claimant’s age, education, and work experience, section 404.1569 and Rule 202.10 . . .
. . . claimant’s age, educational background, and work experience, Sections 404.1569 and 416.969 and Rules 202.10 . . .
. . . . § 202.10(b). . . .
. . . In light of these characteristics, the ALJ evaluated the claimant under Medical-Vocational Rule 202.10 . . . Rule 202.10 applies to individuals who are “closely approaching advanced age”; who have limited or less . . . Rule 202.10 directs a finding of not disabled for such individuals. . . .
. . . . § 14-202.10(2). . . . .
. . . . §§ 202.10-202.12. . The plaintiffs also rely on Smith v. First Family Fin. . . .
. . . The ALJ applied Rule 202.10 in Table No. 2, Appendix 2 of Subpart P. . . .
. . . P, App. 2, Rule 202.10, he is not disabled; there are a significant number of jobs in the national economy . . . Rules 202.09 and 202.10 of 20 C.F.R. Pt. 404, Subpt. . . . The ALJ referred to Rule 202.10 in Finding No. 11, along with plaintiffs “education,” to conclude that . . . Yet in his subsequent findings, the ALJ stated that Rule 202.10 applies (plaintiff is “at least literate . . . He refers to Rule 202.10, but makes no specific reference to plaintiffs claims of illiteracy; and he . . .
. . . Gen.Stat. § 14-202.10 is specifically incorporated as an appendix to the Zoning Ordinance. . . . Stat. § 14-202.10 as follows: (1) “Adult bookstore” means a bookstore: a. . . . Gen.Stat. § 14-202.10(1), (6), (9), (10), (11). . . . devices”, as defined in G.S. 14-202.10(9). . . . devices”, as defined in G.S. 14-202.10(9). . . .
. . . ALJ Goldman had used the guidelines, Pena would be considered "Not Disabled” under Vocational Rule 202.10 . . .
. . . Id. at Rule 202.10. . . .
. . . activities, Finding No. 10; 8) § 404.1569 of Regulations No. 4 and § 416.969 of Regulations No. 16 and Rule 202.10 . . .
. . . Part 404, Subpart P, Appendix 2, and determined that, pursuant to Grid Rule 202.10, Ms. . . . Blyther’s vocational profile is reflected in Grid Rule 202.10, this Court concludes that the ALJ’s use . . . Under Rule 202.10 of the Grid, therefore, Ms. Blyther was not disabled. . . .
. . . P., App. 2, Table No. 2, Rule 202.10 (202.10). This categorization was crucial in Leyba’s case. . . . If the ALJ applied 202.01, rather than 202.10, the grids would have dictated that Leyba was disabled, . . .
. . . . ch. 14, art. 26A North Carolina’s legislature has also enacted N.C.Gen.Stat. ch. 14, art. 26A, §§ 202.10 . . . "Adult Establishments” are defined far more narrowly by N.C.Gen.Stat. § 14-202.10 than are "Adult Businesses . . . Stat. § 14-202.10. . . . .
. . . claimant’s residual functional capacity, age, education and work experience, the Secretary found that Rule 202.10 . . .
. . . from his prior work experience, the Grid would still direct a finding of “not disabled” under Rules 202.10 . . . P, App. 2, §§ 202.10; 202.11. . . .
. . . Section 202.14(c) provides that “[a] creditor’s failure to comply with Sections ... 202.9, 202.10 ... . . . On discovering an error under Sections 202.9 and 202.10, the creditor shall correct it as soon as possible . . .
. . . . § 202.10(c) (1992). . . .
. . . The AU then turned to the grids and applied rule 202.10 for a final determination of “not disabled.” . . . Defendant argues that the ALJ erred in applying rule 202.10 as that rule is for a claimant 50-54 years . . .
. . . capacity for light work, and the claimant’s age, education, and work experience, section 404.1569 and Rule 202.10 . . .
. . . For example, under Rule 202.10, at issue in Heckler, “a significant number of jobs exist for a person . . . Secretary assessed the claimant’s individual abilities in a hearing, compared those abilities with Rule 202.10 . . .
. . . Section 404.1569 of Regulations No. 4 and Rules 202.10 and 202.11, Table No. 2 of Appendix 2, Subpart . . .
. . . capacity for light work, the grids, specifically 20 C.F.R., Part 404, Appendix 2, Subpart P, Rules 202.10 . . .
. . . . § 202.10(a): “In order to be accepted as a pictorial, graphic, or sculptural work, the work must embody . . .
. . . On October 5, 1988, the ALJ concluded that Rules 202.10 and 202.11 of the Appendix 2 of the Secretary . . . Under Rules 202.10 and 202.11 of the guidelines, a claimant with Moore’s profile (fifty-three years of . . .
. . . Thus, relying upon the vocational expert’s testimony and the framework of Rule 202.10 of the Medical . . . Part 404, Subpart P, App. 2, Table 2, Rule 202.10. . . .
. . . Under rules 202.10 and 202.11 of the guidelines, a claimant with Johnson’s profile (fifty years of age . . . See 20 C.F.R., Part 404, Sub-part P, App. 2, Table No. 2, Rules 202.10 and 202.11. . . .
. . . As a result of these determinations, the Secretary applied Rule 202.10, leading to a decision of “not . . . Secretary’s finding that Albritton had a marginal education and the consequent application of Rule 202.10 . . . P, App. 2, Table No. 2, Rule 202.10. . . . In light of his selection of Rule 202.10 to decide Albritton’s case, the Secretary's finding of non-materiality . . . P, App. 2, Table No. 2, Rule 202.10. . . .
. . . Even if Anderson was considered to be a person “closely approaching advanced age,” application of Rule 202.10 . . .
. . . that she is capable of both light and sedentary work, and therefore, is not disabled pursuant to Rule 202.10 . . . school and is closely approaching advanced age, the AU should have applied Rule 201.10 rather than 202.10 . . .
. . . The ALJ’s Use of the Grid The AU used Rule 202.10 to determine that plaintiff is disabled. . . . plaintiff’s vocational factors and residual functional capacity correspond with the criteria of Rule 202.10 . . . The parties do not dispute that plaintiff satisfies the age, skill and education requirements of Rule 202.10 . . .
. . . P, App. 2, Table No. 2, Rule 202.10, is supported by substantial evidence, and this Court finds that . . .
. . . The AU applied Rules 202.10 and 202.11 of Table No. 2, 20 C.F.R., App. 2, to reach the conclusion that . . . operating under the erroneous finding that Paulson could perform “light” work, the AU applied Grid Rules 202.10 . . . Grid Rules 202.10, 202.11, and 202.12 each direct a finding of “not disabled,” irrespective of the level . . .
. . . Applying these factors, rules 202.10 or 203.18 in Tables 2 and 3 of 20 C.F.R., pt. 404, subpt. . . .
. . . Section 404.1569 of Regulations No. 4 and Section 416.969 of Regulations No. 16 and Rule 202.10, Table . . .
. . . . § 404.1563), Rule 202.10, as set forth in Table No. 2 of the Medical-Vocational Guidelines contained . . . placed the claimant in that category, the AU was correct in his conclusion that “the framework of Rule 202.10 . . .
. . . The AU applied Rule 202.10 to Sims, indicating that he found her to be “closely approaching advanced . . .
. . . Part 404, Appendix 2, Subpart P, Rules 202.10 and 202.-11 (“the grid”), on the ground that claimant retained . . .
. . . The particular Grid Rule applied was Rule 202.10, pertaining to persons under age 55, whose exertional . . .
. . . Rule 202.10 directs that a claimant with Odierno’s qualifications who is between fifty and fifty-five . . .
. . . Accordingly, the grid classifications at issue are Rules 202.09 and 202.10: 20 C.P.R. . . . The AU found that Dixon had a "marginal education” and that Rule 202.10 “would direct a conclusion of . . .
. . . The ALJ correctly determined that these characteristics corresponded to criteria in Rule 202.10 of Table . . . Subpart P, App. 2, Table No. 2, Rule 202.10. . . .
. . . . § 202.10(a) (1985); Gardenia Flowers, Inc. v. . . .
. . . . § 202.10(c). We held above that the envelopes lack this requisite level of creativity. . . .
. . . a residual functional capacity (RFC) for sedentary work, § 201.09, but not if his RFC was light, § 202.10 . . . The grid § 202.10 directs a finding of not disabled for the period under analysis during the first administrative . . .
. . . Metropolitan Dade County Unsafe Structures Board, 458 So.2d 18 (Fla. 3d DCA 1984); section 202.10(b), . . .
. . . he found that in accordance with 20 C.F.R. 416.969 and 20 C.F.R. 404 Appendix 2 of Subpart P, Rule 202.10 . . .
. . . Rule 202.10 requires a finding of not disabled for such a claimant, whether or not his prior work skills . . .
. . . . § 404, sub-part P, Appendix 2, Rule 202.10 of the Social Security Regulations (the medical vocational . . .
. . . . § 202.10(a); Cynthia Designs, Inc. v. . . .
. . . . § 202.10(c) ((1959), as amended June 18, 1959) (revoked 1978), reprinted in 4 M. . . . Stein; the second from its post-Mazer § 202.10(c). . . .
. . . evidence, concluded that Mullen was capable of doing light work and was therefore not disabled under Rule 202.10 . . .
. . . . § 404, subpart P, appendix 2, Rules 202.10, 202.11. . . .
. . . which directs a decision of not disabled (and after the claimant’s 50th birthday, all criteria of Rule 202.10 . . . nondisability on the Medical-Vocational Guidelines in Appendix 2 of the Regulations, specifically Rule 202.10 . . .
. . . Appendix 2, Table No. 2, Subpart P, Regulation No. 4, and therein found that Rule 202.10 directed a decision . . . pain significantly affects his capacity to do light work, instead of directing a decision under Rule 202.10 . . .
. . . He placed Hunt on the grid under § 202.10 which provides: Table No. 2 — Residual Functional Capacity: . . . Result of Severe Medically Determinable Impairments Rule Age Education Previous Work Experience Decision 202.10 . . .
. . . We reject that argument in view of Section 202.10(b), South Florida Building Code (1979) which provides . . .
. . . Plaintiff argues that the Administrative Law Judge’s application of Rules 202.10 and 202.11 of the grid . . .
. . . person closely approaching advanced age was outcome determinative of his claim, because under Rules 202.10 . . . Rules 202.01 and 202.02 of the Medical-Vocational Guidelines should have been applied rather than Rules 202.10 . . . unskilled or skilled with no transferrable skills and a limited education are not disabled under Rules 202.10 . . .
. . . . § 202.10 (1983); see Kieselstein-Cord v. . . .