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· 2/10/1999

Maria TEJADA, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee

Citations

  • 167 F.3d 770
  • 1999 U.S. App. LEXIS 1824
  • 1999 WL 64710

How courts have described this case

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

  • holding that “POMS guidelines ‘ha[ve] no legal force, and [they] do [ ] not bind the [Commissioner]’ ”
  • holding that the policies found in the POMS “have no legal force and they do not bind the Commissioner”
  • concluding that peripheral neuropathy of the feet rendered claimant unable to perform a job involving prolonged periods of standing, and reversing ALJ’s contrary determination as unsupported by substantial evidence
  • noting that in determining presumptive disability, the “inquiry is whether, based solely on medical evidence, the claimant has an impairment that is listed in” Appendix 1 of the regulations
  • summarizing the holding of and citing with approval Pascariello v. Heckler , 621 F.Supp. 1032 , 1036 (S.D.N.Y. 1985)
  • summarizing the holding of and citing with approval Pascariello v. Heckler , 621 F.Supp. 1032 , 1036 (S.D.N.Y. 1985)

Source: CourtListener parenthetical corpus (CC0).

Judges: Calabresi, Straub, Tsoucalas

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.