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· 5/18/1999

Earnest JONES, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee

Citations

  • 174 F.3d 692
  • 1999 U.S. App. LEXIS 9328
  • 1999 WL 261619

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 properly relied on vocational expert’s testimony indicating that allowing for employee to alter between sitting and standing is prevalent accommodation in workplace
  • affirming the denial of benefits when the VE “opined that specific jobs existed that [the claimant] could perform and that would accommodate [his] need to alternate between sitting and standing”
  • expert’s opinion that jobs permitted a sit/stand option did not suggest that employers would make an ADA accommodation, only that a sit/stand was prevalent in such jobs
  • “Moreover, the expert’s reference to the ADA suggests not that he assumed that assembler jobs required accommodation, but that allowing for an employee to alter between sitting and standing is a prevalent accommodation in the workplace.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Garza, Demoss, Parker

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.