Skip to main content
· 9/25/1986

Charles BAPP, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary Health and Human Services, Defendant-Appellant

Citations

  • 802 F.2d 601
  • 1986 U.S. App. LEXIS 31396

How courts have described this case

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

  • holding that an ALJ must consider an “intermediate question” of whether the range of work the claimant can perform is “so significantly diminished as to require the introduction of vocational testimony”
  • noting that, even in presence of nonexertional limitations, “[i]f the [grids] adequately reflect a claimant’s condition, then their use to determine disability status is appropriate”
  • noting that where “a finding of disabled [is not] possible based on the strength limitations alone ... the rule(s
  • barring use of the rules where “the claimant’s work capacity is significantly diminished beyond that caused by his exertional impairment”
  • barring the application of the Medical-Vocational Guidelines where “the claimant’s work capacity is significantly diminished beyond that caused by his exertional impairment”
  • remanding to the district court to determine “whether the Secretary has shown that plaintiff’s capability to perform the full range of light work was not significantly diminished by his [non-exertional limitations].”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mansfield, Newman, Cardamone

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.