· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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