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· 3/26/2012

Eustace v. Corning, Inc.

Citations

  • 852 F. Supp. 2d 363
  • 2012 WL 1029447
  • 2012 U.S. Dist. LEXIS 41255

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the ALJ erred by “failing to explicitly consider several required factors, including [the treating source’s] specialty, and the frequency, length, nature, and extent of treatment”
  • recognizing the ALJ has a heightened duty of explanation when disregarding a treating physician’s opinion
  • citing, inter alia, Correale-Englehart v. Astrue, 687 F. Supp. 2d 396, 428 (S.D.N.Y. 2010); 20 C.F.R. §§ 404.1512(e)(1), 416.912(e)(1) (2010)
  • “Failure to properly apply the treating physician’s rule, or consider the required factors, constitutes legal error and is a sufficient basis for remand.”
  • “[T]he ALJ must seek clarification and additional information from the physician, as needed, to fill any clear gaps before rejecting the doctor’s opinion.” (internal quotation marks omitted)
  • “A perceived internal inconsistency about a critical finding is a conflict or ambiguity which requires the ALJ to further develop the record by seeking additional evidence or clarification from the treating physician.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Larimer

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.