· 12/9/2008
Brownawell v. Commissioner of Social Security
Citations
- 554 F.3d 352
- 2008 U.S. App. LEXIS 24826
- 2008 WL 5147953
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that three (3) non-treating opinions were not sufficient to reject a treating source medical opinion because they were “perfunctory” and omitted significant objective findings promulgated after the non-treating opinions were issued
- noting that medical opinions may be afforded “more or less weight depending upon the extent to which supporting explanations are provided”
- noting that Brownawell had taken two district court appeals and her claim was pending for eight years
- finding that substantial evidence did not support the ALJ’s decision because ALJ’s rejection of treating physician opinion was based on erroneous factual assertion and mischaracterization of the evidence
- stating that an award of benefits is only warranted “when substantial evidence on the record as a whole indicates that the claimant is disabled and entitled to benefits”
- explaining that the Court of Appeals has “admonished ALJs who have used such reasoning, noting the distinction between a doctor’s notes for purposes of treatment and that doctor’s ultimate opinion on the claimant’s ability to work.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ambro, Weis, Van Antwerpen
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.