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· 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 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.