· 9/26/2003
Curtis D. Gudgel v. Jo Anne B. Barnhart, Commissioner of Social Security
Citations
- 345 F.3d 467
- 2003 U.S. App. LEXIS 19808
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the contrary opinion of a nonexamining physician, by itself, does not constitute substantial evidence to reject a treating or examining physician’s opinion
- noting that the opinion of a non-examining state agency medical consultant does not by itself suffice as substantial evidence to reject the opinion of an examining physician
- applying the old regulations, the ALJ erred in rejecting treating physician’s diagnosis of post-polio syndrome without pointing to contradictory evidence
- finding error where “the ALJ did not explain how the evidence in the record contradicts [the examining physician]’s diagnosis”
- emphasizing importance of a doctor’s “opportunity to physically examine” a claimant
- an ALJ can reject an examining physician’s opinion only for reasons supported by substantial evidence in the record
Source: CourtListener parenthetical corpus (CC0).
Judges: Kanne, Per Curiam, Rovner, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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