· 4/19/1988
Fidencio CHAVEZ, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of the Department of Health and Human Services, Defendant-Appellee
Citations
- 844 F.2d 691
- 1988 U.S. App. LEXIS 5070
- 1988 WL 33901
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the prior ALJ’s findings are entitled to preclusive effect with respect to the claimant’s condition at the time of the prior decision
- the first 7 ALJ’s findings concerning the claimant’s RFC, capacity, education, and work experience “are 8 entitled to some res judicata consideration in subsequent proceedings.”
- presumption of 27 28 continuing non-disability applies absent change in circumstances, namely new and material evidence indicative of greater disability
- “The principles of res judicata apply to administrative decisions, although the doctrine is applied less rigidly to administrative proceedings than to judicial proceedings.”
- “The principles of res judicata apply to administrative 19 decisions, although the doctrine is applied less rigidly to administrative 20 proceedings than to judicial proceedings.”
- same where the claimant turned 55 years old after the date of the 20 || prior ALJ’s decision, thus changing his age category to “advanced age”
Source: CourtListener parenthetical corpus (CC0).
Judges: Goodwin, Nelson, Gilliam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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