· 8/6/1997
Marlise Grebenick v. Shirley S. Chater
Citations
- 121 F.3d 1193
- 1997 U.S. App. LEXIS 21505
- 1997 WL 437266
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying SSR 83-20 to the disability-prior-to-DLI determination where the ALJ made no prior finding of disability, either at present or prior to DLI
- refusing the claimant a medical advisor where contemporaneous records showed that her ailment had not reached a “disabling level of severity” by the date last insured
- where medical evidence was not ambiguous as to possibility that claimant’s disability onset occurred before DLI, ALJ was not required to consult medical advisor
- medical records indicated that claimant's symptoms \had not yet reached the disabling level\ within the two years following her claimedonset date
- “A treating physician's opinion is generally entitled to substantial weight; however, such an opinion is not conclusive in determining disability status.”
- “If the medical evidence is ambiguous and a retroactive inference is necessary, SSR 83–20 requires the ALJ to call upon the services of a medical advisor. . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Floyd, Gibson, Hansen, McMILLIAN
Read full opinion on CourtListenerSourced 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.