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· 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 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.