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· 3/9/2007

David Bowen v. Commissioner of Social Security

Citations

  • 478 F.3d 742
  • 2007 U.S. App. LEXIS 5524
  • 2007 WL 702236

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’s decision, even if otherwise supported by substantial evidence cannot be upheld where the ALJ failed to follow applicable law
  • holding that reversal is required if the ALJ failed to follow the Commissioner’s “own regulations and …that error prejudices a claimant on the merits or deprives of a substantial right.”
  • finding that “the harmless-error inquiry require[s] more than a showing that the claimant simply had little chance of winning on the merits”
  • noting that a treating doctor’s general findings were relevant on the issue of whether the claimant’s RFC permitted her to work, but they were not controlling absent a functional capacity assessment
  • finding that the facts did not satisfy potential harmless error justifications
  • finding no harmless error under Wilson where ALJ did not mention treating physician opinion

Source: CourtListener parenthetical corpus (CC0).

Judges: Gilman, Sutton, Tarnow

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.