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· 3/2/2000

Jerold H. Nevland v. Kenneth S. Apfel, Commissioner of Social Security

Citations

  • 204 F.3d 853
  • 2000 U.S. App. LEXIS 3133
  • 2000 WL 233245

How courts have described this case

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

  • holding that it was improper for the ALJ to rely on the opinions of reviewing physicians alone
  • holding that the ALJ erred by relying solely on the opinion of a non-treating, non-examining physician instead of seeking opinions from the treating physicians or, alternatively, ordering a consultative examination
  • relying upon non-examining, non-treating physicians to form an opinion on a claimant's RFC does not satisfy the AU's duty to fully and fairly develop the record
  • relying upon non-examining, non-treating physicians to form an opinion on a claimant’s RFC does not satisfy the ALJ’s duty to fully and fairly develop the record
  • relying upon non-examining, non- treating physicians to form an opinion on a claimant’s RFC does not satisfy the ALJ’s duty to fully and fairly develop the record
  • reversing and remanding where ALJ failed to develop the record, leaving un-discovered any “medical evidence about how [the claimant’s] impairments affect his ability to function now” (emphasis in original)

Source: CourtListener parenthetical corpus (CC0).

Judges: Beam, Gibson, Pratt

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.