· 9/6/2016
Delek Refining, Ltd. v. National Labor Relations Board
Citations
- 668 F. App'x 594
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that ALJ did not err in relying on VE testimony that the claimant possessed specific transferrable skills, such as verbal and numerical recording and record keeping knowledge
- finding remand necessary due to evidentiary deficit where ALJ rejected opinion of treating physician and did not mention or evaluate the only other medical opinions
- finding remand necessary due to evidentiary deficit where ALJ rejected opinion of treating physician and did not mention or evaluate the only other medical opinions
- ALJ properly relied on VE testimony that claimant possessed transferable skills, including recordkeeping
- “[T]he ALJ could have—and must on remand— fill in the evidentiary deficit either by seeking further information from [the claimant’s treating physician] or obtaining the opinions of an independent examining physician or a medical expert.”
- “Once the ALJ determined that Dr. Robinson’s opinions were insufficient and unsupported by the medical evidence, the ALJ had a duty to conduct an appropriate inquiry to fill that gap. What the ALJ could not do was fill in the gap on her own.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Barksdale, Jolly, Southwick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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