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· 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 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.