· 3/18/1987
Coreen L. SPRAGUE, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee
Citations
- 812 F.2d 1226
- 1987 U.S. App. LEXIS 3548
- 17 Soc. Serv. Rev. 19
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that 7 family doctor was qualified to give opinion as to claimant’s mental state as it related to her 8 physical disability even if he was not a psychiatrist
- holding that disregard of lay testimony “violates the 13 Secretary's regulation that he will consider observations by non-medical sources as to how an 14 impairment affects a claimant's ability to work.”
- holding that primary care physicians can offer opinions on their patients’ mental health
- recognizing “it is well established that primary care physicians (those in family or general practice) identify and treat the majority of Americans’ psychiatric disorders”
- holding it was “clearly erroneous” for magistrate judge to conclude that psychiatric evidence “must be offered by a Board- 5 certified psychiatrist”
- recognizing 17 that the decision whether to remand a case for additional evidence, or 18 to award benefits, is within the discretion of the court after weighing 19 the appropriate factors
Source: CourtListener parenthetical corpus (CC0).
Judges: Tang, Pregerson, Alarcon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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