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· 6/20/1995

Juana DIAZ, Plaintiff-Appellee, v. Donna SHALALA, Secretary of the Department of Health & Human Services, Defendant-Appellant

Citations

  • 59 F.3d 307
  • 1995 U.S. App. LEXIS 15316

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 opinions of non- examining sources [can] override treating source’s opinions provided they are supported by evidence in the record”
  • concluding that a chiropractor’s opinion is not a “medical opinion” because the relevant regulations do not classify chiropractors as physicians or “other acceptable medical sources”
  • holding that “the opinions of non-examining sources [can] override treating source's opinions provided they are supported by evidence in the record”
  • holding that the ALJ properly relied on the absence of findings in the record regarding claimant’s alleged inability to sit
  • recognizing that opinions from expert non-examining sources may constitute substantial evidence and may even override treating source opinions, provided they are supported by evidence in the record
  • holding that an ALJ is not required to accept the opinion of a treating physician over other contrary opinions if the latter are more consistent with the weight of the evidence

Source: CourtListener parenthetical corpus (CC0).

Judges: Melaughlin, Leval, Cabranes

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.