· 1/11/2002
Jimmie L. Howard v. Commissioner of Social Security
Citations
- 276 F.3d 235
- 2002 U.S. App. LEXIS 422
- 2002 WL 27315
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 burden of proof rests with the Commissioner at step five
- holding a Vocational Expert’s testimony based on inaccurate questioning cannot serve as substantial evidence for an “other work” determination
- stating that “substantial evidence may be produced through reliance on the testimony of a [VE] in response to a ‘hypothetical’ question, but only ‘if the question accurately portrays [the claimant’s] individual physical and mental impairments” (internal quotation marks omitted)
- stating that “substantial evidence may be produced through reliance on the testimony of a vocational expert (VE) in response to a ‘hypothetical’ question, but only ‘if the question accurately portrays [the claimant’s] individual physical and mental impairments” (internal quotation marks omitted)
- noting the ALJ’s failure to reference the GAF score in the RFC, standing alone, does not make the RFC inaccurate
- reversing ALJ’s decision that was based on selective citation of the record and inaccurately described claimant’s abilities
Source: CourtListener parenthetical corpus (CC0).
Judges: Clay, Gilman, Wallace
Read full opinion on CourtListenerSourced 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.