· 1/19/2001
Boyd v. Apfel
Citations
- 239 F.3d 698
- 2001 U.S. App. LEXIS 692
- 2001 WL 46304
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a hypothetical question posed to the vocational expert by the ALJ must “incorporate reasonably all disabilities of the claimant recognized by the ALJ”
- noting that Bowling did not hold that a party’s failure to point out the problems in a defective hypothetical automatically salvages that hypothetical as a proper basis for a determination of non-disability
- noting that Bowling did not hold that a party’s failure to point out the problems in a defective hypothetical automatically salvages that hypothetical as a proper basis for a determination of non-disability
- noting that a vocational expert’s testimony cannot be the basis of a not-disabled determination where the hypothetical does not include all disabilities recognized by the ALJ or apparent in the record
- remanding a social security case where “[t]he ALJ’s hypothetical question did not incorporate many of the impairments or limitations described in ... post-hearing ... reports”
- “Even if the degree of impairment is ‘severe,’ the regulations require an assessment of whether the impairment meets or exceeds the criteria of a [Listing].”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wiener, Stewart, Rosenthal
Read full opinion on CourtListenerSourced 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.