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· 8/16/1993

Homer PENNY, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee

Citations

  • 2 F.3d 953
  • 93 Cal. Daily Op. Serv. 6116
  • 93 Daily Journal DAR 10502
  • 1993 U.S. App. LEXIS 20628
  • 1993 WL 306817

How courts have described this case

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

  • holding that when pain takes a case out of the grids, the ALJ should call upon a vocational expert for help making the disability determination
  • noting that a district court may abuse its discretion not to remand for benefits when 3 all of these conditions are met
  • discussing that the ALJ erred where he relied on a sole 24 medical opinion for the determination that a claimant could perform sedentary work and that 25 opinion, in turn, relied solely on medical records from outside the period of disability
  • “Without a personal medical evaluation it is almost impossible to assess the residual 9 functional capacity of any individual.”
  • “Without a personal medical 22 evaluation it is almost impossible to assess the residual functional capacity of any individual.”
  • “the Appeals Council considered this information and it became part of the record we are required to review as a whole”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lay, Hug, Schroeder

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.