FUNGONE

v.

UNITED STATES

Citator

Cited By (26 total)

• Bloodsworth v. Heckler, 703 F.2d 1233 (11th Cir. 1983)
  …nion of a treating physician may be rejected when it is so brief and conclusory that it lacks persuasive weight or where it is unsubstantiated by any clinical or laboratory findings. Kirkland v. Weinberger, 480 F. 2d 46, 49 (5th Cir.), cert. denied, 414 U.S. 913, 94 S.Ct. 255, 38 L.Ed.2d 155 (1973). Further, the Secretary may reject the opinion of any physician when the evidence supports a contrary conclusion. Oldham v. Schweiker, 660 F. 2d at 1084; Warncke v. Harris, 619 F. 2d at 417. The ALJ found cause…
• United States v. Jannotti, 673 F.2d 578 (3d Cir. 1982)
  …2d 96 (1980). . Other courts have recognized that a defendant’s post-crime actions are acceptable as evidence from which an inference of predisposition can be made. See, e.g., United States v. Jenkins, 480 F. 2d 1198, 1200 (5th Cir.), cert. denied, 414 U.S. 913, 94 S.Ct. 256, 38 L.Ed.2d 151 (1973). . In view of the jury’s verdict, we need not consider the government’s contention that the evidence of government inducement was insufficient to warrant submission of the entrapment issue to the jury. . In Twi…
• Johnson v. Harris, 612 F.2d 993 (5th Cir. 1980)
  …c job vacancy exists for him, or whether he would be hired if he applied for work.’ ” Rhynes v. Califano, 586 F. 2d 388, 389-90 (5th Cir. 1978) quoting 42 U.S.C. § 423(d)(2)(A). See also Kirkland v. Weinberger, 480 F. 2d 46 (5th Cir.), cert. denied, 414 U.S. 913, 94 S.Ct. 255, 38 L.Ed.2d 155 (1973); Williams v. Finch, supra. However, the claimant need not prove all of this initially. Once he shows that he is disabled to the point that he can no longer perform his former job, the burden then shifts to the Se…