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· 4/14/2009

Lamay v. Commissioner of Social SEC.

Citations

  • 562 F.3d 503
  • 2009 U.S. App. LEXIS 7791
  • 2009 WL 982448

How courts have described this case

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

  • finding that an ALJ must affirmatively develop the record on behalf of all claimants due to the non-adversarial nature of a benefits proceeding
  • finding that a plaintiff waived her statutory right to counsel in a social security hearing
  • finding that an ALJ must affirmatively develop the record on behalf of all claimants due to the non-adversarial nature of a benefits proceeding
  • holding ALJ has affirmative obligation to develop the administrative record
  • “[A]t the hearing itself, the ALJ must ensure that the claimant is aware of [her] right [to counsel].”
  • “[U]nlike a judge in a trial, [an ALJ] must . . . affirmatively develop the record [on behalf of the claimant].”

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Calabresi, Sack

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.