· 4/9/1996
Federal Case
Citations
- 81 F.3d 821
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the fact that an examining physician’s opinion was only based on limited observation was “not a reason to give preference to the opinion of a doctor who has never examined the claimant”
- recognizing that the 16 Commissioner’s decision to not reopen a disability claim is purely discretionary and 17 a discretionary decision is not a “final decision” and therefore is not subject to judicial 18 review
- holding that if a treating physician provided treatment 8 for the claimant’s psychiatric impairment, his opinion constitutes “competent psychiatric 9 evidence” and may not be discredited on the ground that he was not a board-certified 10 psychiatrist
- explaining that conflicts with objective evidence and self-reports can sustain rejection of opinion of treating physician
- nonexamining physician’s opinion cannot by itself be substantial evidence to justify rejection of an examining or treating physician’s opinion
- remanding for payment of benefits where evidence demonstrated that plaintiff met or equaled a listing
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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