Magistrate Judge David T. Schultz will be providing his view of issues affecting Social Security disability appeals in the Federal District Courts. Judge Schultz will begin by addressing the standard of review at the district court level. He will discuss his thoughts on the differences between the substantial evidence standard and the substantial evidence on the record as a whole standard. Judge Schultz will talk about issues that he sees as being important in District Court appeals, and issues that do not resonate at the District Court level. The Judge will also discuss the structure and content of briefs, both what he finds persuasive and not persuasive. Finally, time permitting, the Judge will give his thoughts on the Brian T.D. v. Kijakazi decision and the 8th Circuit’s treatment of that decision.

Key topics to be discussed:

• Standards of Review: Substantial Evidence vs. Substantial Evidence on the Record as a Whole
• Issues That Matter—and Don’t—in District Court Social Security Appeals
• Persuasive Briefing and the Impact of Brian T.D. v. Kijakazi

Eligible for up to 1 CLE Credit Hour

This session was originally submitted for CLE as a live, in-person presentation and a live webcast for the 8th Circuit Conference 2025 Conference and may be eligible for self-study credit.

Each state handles self-study credit differently; for questions, please consult your State Bar Association.

Recorded on November 6, 2025

Closed-captioning available