In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

(3) Dr. Hickman’s observation that Seever’s surgeries, residual pain, and physical limitations “have taxed his psychological coping abilities,” ApltApp. at 372. But Dr. Hick man interpreted this information as presenting no more than a slight impairment—meaning that he could still function well—as to understanding, remembering, and carrying out detailed instructions, and he declined to identify any other mental capabilities affected by Seever’s depression. We will not fault the ALJ for failing to interpret Seever’s symptoms and test results differently than Dr. Hickman. See Winfrey v. Chater, 92 F.3d 1017, 1022 (10th Cir.1996) (observing that an ALJ may not substitute his lay opinion for a medical opinion); Hamilton v. Sec’y of Health & Human Servs., 961 F.2d 1495, 1500 (10th Cir.1992) (<HOLDING>). Nor are we convinced that the ALJ should have 
 Holding statements: (A) recognizing that this court may not reweigh evidence (B) recognizing this method (C) recognizing this presumption (D) recognizing this distinction (E) recognizing this rule
(A)

sophisticated consumer” might well reach the same conclusion. In sum, particularly at this early stage, defendants cannot establish as a matter of law that Santander is a creditor exempt from the FDCPA. Thus, the motion to dismiss should be denied. TCPA Claims Defendants move to dismiss plaintiffs’ claims under the TCPA based on an exception contained in 47 C.F.R. § 64.1200(a)(2), which excepts calls to a residential line when made pursuant to an “established business relationship.” It is difficult to imagine how that exemption would apply to Letricia Hamlett, who was not a signatory to the loan, but in fairness there is at least one case that supports this odd interpretation of the law. See Santino v. NCO Fin. Sys., Inc., No. 09-CV-982, 2011 WL 754874, at *6 (W.D.N.Y. Feb. 24, 2011) (<HOLDING>); but see Watson v. NCO Group, Inc., 462 
 Holding statements: (A) holding  2254 applies to administrative proceedings (B) holding that the fourteenth amendment only applies to state action (C) holding exemption applies to nondebtor (D) holding that fourteenth amendment only applies to state action (E) holding that  1447c applies to counsel
(C)

is quoted in Prince, 1999-NMCA-010, ¶ 12, 126 N.M. 547, 972 P.2d 859, Gonzales, 97 N.M. at 610, 642 P.2d at 213, and State v. Manus, 93 N.M. 95, 100, 597 P.2d 280, 285 (1979), overruled on other grounds by Sells v. State, 98 N.M. 786, 788, 653 P.2d 162, 164 (1982). When analyzing whether an officer’s actions create liability for tort or civil rights claims, the officer’s perspective is usually the central focus. See, e.g., Archuleta v. Lacuesta, 1999— NMCA-113, ¶ 8, 128 N.M. 13, 988 P.2d 883 (stating that the reasonableness of an officer’s use of deadly force is measured “from the perspective of the officer on the scene, with the understanding that officers must often make split-second decisions in difficult situations”); Baum v. Orosco, 106 N.M. 265, 271, 742 P.2d 1, 7 (Ct.App.1987) (<HOLDING>). Here, in contrast, the issue is whether 
 Holding statements: (A) recognizing the motives of the officer as a critical factor in determining whether a particular instance of excessive force rises to the level of a constitutional violation (B) holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim (C) holding that the risk posed to third parties by the official use of force is not to be considered in determining whether an official used excessive force as against a particular plaintiff (D) holding that the most critical factor in determining the reasonableness of a fee award is the degree of success obtained (E) recognizing that the critical question is whether any present violation exists

(A)