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· 10/10/2008

Deskin v. Commissioner of Social Security

Citations

  • 605 F. Supp. 2d 908
  • 2008 U.S. Dist. LEXIS 108181

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • Generally, when the record contains only diagnostic evidence a medical opinion must be obtained before the Administrative Law Judge may make residual functional capacity findings.
  • the Administrative Law Judge should have obtained a medical opinion translating the raw medical data in the MRI findings into functional limitations
  • “[i]n making the residual functional capacity finding, the ALJ may not interpret raw medical data in functional terms”
  • “To be sure, where the medical evidence shows relatively little physical impairment, an ALJ permissibly can render a commonsense judgment about functional capacity even without a physician’s assessment”
  • “To be sure, where the medical evidence shows relatively little physical impairment, an ALJ permissibly can render a commonsense judgment about functional capacity even without a physician’s assessment”
  • an ALJ is generally required to recontact a medical source for an opinion where there are no opinions in the record on a claimant’s functional limitations other than nonexamining agency opinions

Source: CourtListener parenthetical corpus (CC0).

Judges: Baughman

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.