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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.