Bettie Jo Cherry v. Margaret M. Heckler, Secretary of Health and Human Services

How courts have described this case

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

• holding that court’s review is limited to the certified record
• determining that due process claim concerning manner in which Commissioner made decision not to reopen prior application was sufficient to bestow subject-matter jurisdiction
• noting that a reviewing court is limited to the evidence in the administrative record
• finding that ALJ did not err by failing to continue to investigate allegations of drug dependency when claimant “was represented at the hearing and did not allege that side effects of drugs contributed to her disability”
• providing that, while an ALJ may have a responsibility to investigate possible medication side effects, that responsibility does not apply to a represented claimant who “did not allege that side effects of drugs contributed to her disability”
• finding no de facto reopening had occurred because “[t]he ultimate determination that [the claimant] was not disabled . . . was not based on the record of the prior proceeding”

Source: CourtListener parenthetical corpus (CC0).