· 11/17/1988
Ernest FRANKENFIELD, Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellee
Citations
- 861 F.2d 405
- 1988 U.S. App. LEXIS 15339
- 1988 WL 121823
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that rejection of medically credited symptomology based solely on the ALJ’s observation of claimant at hearing and claimant’s testimony that he took care of his personal needs, performed limited household chores, and occasionally went to church, is not permissible
- finding that the Secretary could not reject medical determinations “simply by having the administrative law judge make a different medical judgment.”
- observing that the ALJ referred to clinical tests to support its conclusion, but did not address the symptoms that the treating physicians credited
- finding that ALJ improperly rejected reports of “three treating physicians [who] determined that he is disabled” based on claimant’s testimony he “took care of his personal needs, performed limited household chores, and occasionally went to church”
- reversing summary judgment against the claimant and remanding case where he “took care of his personal needs, performed limited household chores, and occasionally went to church”
- “�e Secretary cannot reject [the treating sources’] medical determinations simply by having the administrative law judge make a different medical judgment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibbons, Seitz, Pollak
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.