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· 8/27/2001

Joseph Bustamante v. Larry G. Massanari, Acting Commissioner of the Social Security Administration

Citations

  • 262 F.3d 949
  • 2001 WL 965007

How courts have described this case

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

  • holding ALJ must identify disability under five-step procedure before conducting DAA Analysis to determine whether substance abuse was material to disability
  • holding that it is error for an ALJ to determine that a claimant’s mental impairments are “the product and consequence of his alcohol abuse” before making a determination that the claimant is disabled under the five-step analysis
  • holding that ALJ erred by determining that claimant’s mental impairments were the product of his alcohol abuse, and not an independently severe or disabling impairment, prior to making a determination whether claimant was disabled under the five-step inquiry
  • holding that ALJ erred by determining that claimant’s mental impairments were the product of his alcohol abuse, and not an independently severe or disabling impairment, prior to making a determination whether claimant was disabled under the five-step inquiry
  • holding that if an ALJ finds Plaintiff 9 disabled, and there is evidence of drug or alcohol abuse, then the ALJ must 10 determine whether the drug and/or alcohol use is a contributing factor material to the 11 determination of disability
  • holding ALJ must identify disability under five- step procedure before conducting DAA Analysis to determine whether substance abuse was material to disability

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Fernandez, Paez

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.