· 1/11/1982
Lloyd Thompson v. Richard S. Schweiker, Secretary of Health and Human Services
Citations
- 665 F.2d 936
- 1982 U.S. App. LEXIS 22742
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that the ALJ has a more exacting duty to probe for relevant facts where a claimant is not represented by counsel
- where AU’s findings based on patently inadequate record, application of res judicata to that decision is tantamount to denial of due process
- ‘Where the record is patently inadequate to support the findings the ALJ made, application of res judicata is tantamount to a denial of due process”
- “Administrative res judicata may apply even though the claimant has never had a hearing, where the claimant has failed to pursue his administrative appeals and no new facts are presented in the subsequent application.”
- “The ALJ's findings are conclusive if supported by substantial evidence.”
- “burden of going forward with the evidence” shifts
Source: CourtListener parenthetical corpus (CC0).
Judges: Alarcon, Nelson, Solomon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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