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· 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 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.