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· 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 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.