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· 9/22/2010

Berry v. Astrue

Citations

  • 622 F.3d 1228
  • 2010 U.S. App. LEXIS 19659
  • 2010 WL 3665151

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a decision of another agency' is ordinarily entitled to great weight when that agency’s disability program bears a “marked similarity” to the Social Security disability program
  • stating that an ALJ may not “discredit the claimant’s testimony as to subjective symptoms merely because they are unsupported by objective evidence”
  • finding that the ALJ’s conclusion 9 that the claimant’s pain was not completely disabling because it was adequately 10 controlled with medications was valid and supported by the record
  • “General findings are insufficient; rather, the 12 ALJ must identify what testimony is not credible and what evidence undermines the claimant's 13 complaints.”
  • ALJ properly discounted VA disability rating where evidence that post-dated the disability rating demonstrated improvement
  • an ALJ may give less weight to the VA’s decision if the ALJ provides “persuasive, specific, valid reasons for doing so that are supported by the record.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tashima, Fisher, Berzon

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.