· 5/11/2007
Eshagh Massachi v. Michael J. Astrue, Commissioner of the Social Security Administration
Citations
- 486 F.3d 1149
- 2007 U.S. App. LEXIS 11115
- 2007 WL 1377614
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that 6 when the Appeals Council vacates an ALJ’s original decision, “the ALJ’s original finding 7 no longer exist[s].”
- holding that an 14 ALJ may not rely on a VE’s testimony regarding the requirements of a particular job 15 without first inquiring whether the testimony conflicts with the DOT
- stating that “we cannot determine whether the ALJ properly relied on [the vocational expert’s] testimony” due to unresolved occupational evidence
- holding that in light of SSR 00-4p, 19 an ALJ may not rely on a VE testimony regarding the requirements of a particular job without 20 first inquiring whether the testimony conflicts with the DOT
- holding that if a conflict exists, “the ALJ must then determine whether the vocational expert’s explanation for the conflict is reasonable and whether a basis exists for relying on the expert rather than the [DOT]”
- holding that an ALJ may not rely on a VE's testimony regarding the requirements of a particular job without first inquiring whether the testimony conflicts with the DOT and obtaining a reasonable explanation for any apparent conflict
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Graber, Ikuta
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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