· 4/24/1987
Audette KEMP, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee
Citations
- 816 F.2d 1469
- 1987 U.S. App. LEXIS 5388
- 17 Soc. Serv. Rev. 497
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an ALJ “can not interpose his own ‘medical expertise’ over that of a physician”
- noting it is fact finder’s responsibility to resolve genuine conflicts between opinion of treating physician and other contrary evidence
- “While the ALJ is authorized to make a final decision concerning disability, he cannot interpose his own ‘medical expertise’ over that of a physician . . . .”
- the ALJ may not make medical 15 findings “not supported by any medical evidence in the record, and thus [representing] the 16 personal medical opinion of the ALJ.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Logan, Seymour, Brown
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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