· 1/9/2018
Douglas P. Fleming, LLC v. Secretary of Veterans Affairs
Citations
- 708 F. App'x 679
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 was obligated to resolve “the discrepancy between the DOT’s description of the aptitudes required to perform the four jobs supplied by [the VE] and the [claimant]’s intelligence testing scores, which indicated that she could perform none of those jobs”
- observing that a VE testifying as to whether a person with specific IQ scores can perform certain jobs “is no different than” a VE “testifying that a person limited to simple tasks can or cannot perform certain jobs”
- remand not required when it “will amount to no more than an empty exercise because . . . application of the correct legal standard could lead to only one conclusion”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bryson, Dyk, Taranto
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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