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· 3/1/1978

Lionel J. Bastien v. Joseph P. Califano, Secretary of Health, Education and Welfare

Citations

  • 572 F.2d 908
  • 1978 U.S. App. LEXIS 12364

How courts have described this case

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

  • “[t]he expert opinions of a treating physician as to the existence of a disability are binding on the factfinder unless contradicted by substantial evidence to the contrary”
  • \(t)he expert opinions of a treating physician as to the existence of a disability are binding on the factfinder unless contradicted by substantial evidence to the contrary\
  • “[E]ligibility for benefits is to be determined in light of the fact that ‘the Social Security Act is a remedial statute, to be broadly construed and liberally applied’”
  • “[t]he degenerative nature of [the] condition is an important factor to be weighed”
  • “[I]t is insufficient for the Secretary to assert that Bastien might do jobs of a light and sedentary nature such as checker without providing a job description clarifying the nature of the job, demonstrating that the job does not require significant stooping and walking.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bartels, Oakes, Van Graafeiland Bartels

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.