· 8/15/2008
Delph v. Astrue
Citations
- 538 F.3d 940
- 2008 U.S. App. LEXIS 17316
- 2008 WL 3540605
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that medical -16- improvement requires that the claimant have improved “to the point where [s]he is able to perform substantial gainful activity”
- explaining that “the Commissioner [must] compare a claimant’s current condition with the condition existing at the time the claimant was found disabled and awarded benefits” (emphasis added)
- providing that step five applies only if no medical improvement is found or the medical improvement is not related to the claimant’s ability to work
- denying disability because Plaintiff’s medical condition had improved since previous determination
- where a claimant had degenerative disc disease, positive straight-leg raise, muscle spasms, and walked with a cane, the ALJ properly determined that he could not even perform sedentary work
- “This eight-step analysis includes the five steps followed in an initial disability determination”
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Colloton, Piersol
Read full opinion on CourtListenerSourced 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.