Charles Livingston v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

How courts have described this case

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

• permitting remand where “it is clear that the lack of counsel prejudiced the claimant or that the administrative proceeding was marked by unfairness due to the lack of counsel” (citations omitted)
• “[I]f it is clear that the lack of counsel prejudiced [Plaintiff] or that the administrative proceeding was marked by unfairness due to the lack of counsel, this is sufficient for remand, or reversal.”
• “[I]f it is clear that the lack of counsel prejudiced the claimant or that the administrative proceeding was marked by unfairness due to the lack of counsel, this is sufficient for remand, or reversal.”
• “the fact that a claimant is unrepresented by counsel and has knowingly waived this right is not alone sufficient for remand.” (citing Hess v. Secretary of HEW, 497 F.2d 837, 840 n.4 (3d Cir. 1974))
• “Whether or not the burden actually shifts to the Secretary once the claimant has met his burden, there is no doubt that the Secretary must establish that the claimant has the ability to engage in alternative substantial gainful activity.

Source: CourtListener parenthetical corpus (CC0).