· 11/20/1978
Isaiah O'Banner v. Secretary of Health, Education & Welfare, and Willie L. Smith v. Caspar Weinberger, Secretary of Health, Education & Welfare
Citations
- 587 F.2d 321
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “The scope of review requires that there be something more than the mere intuition or conjecture by the administrative law judge” before he concludes that jobs are available.
- government’s burden of proving ability to work requires more than a generalized showing of the existence of light or sedentary work in the national economy
- “It is not, however, the function of a reviewing court to weigh the evidence or to substitute its judgment for that of the administrative law judge.”
- “It is well established in this circuit that the Secretary may take administrative notice that light work exists in the national economy. Floyd v. Finch, 441 F.2d (6th Cir. 1971) citing Breaux v. Finch, 421 F.2d 687 (5th Cir. 1970).”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lively, Merritt, Rubin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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