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· 4/19/1995

Michael Ruotolo and Kathleen M. Ruotolo v. Department of Justice, Tax Division

Citations

  • 53 F.3d 4
  • 75 A.F.T.R.2d (RIA) 1898
  • 1995 U.S. App. LEXIS 9026

How courts have described this case

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

  • holding that where both monetary and injunctive relief are sought, exhaustion of administrative remedies can be required
  • observing that more weight is given to the treating 8 physician’s opinion than the opinion of a nontreating physician because a treating 9 physician is employed to cure and has a greater opportunity to know and observe the 10 patient as an individual
  • affirming where “the 23 1 ALJ gave specific, legitimate reasons for rejecting the examining psychologist’s opinions and for 2 relying on the nonexamining medical expert’s opinion instead”
  • denying summary judgment to an agency on the basis that the plaintiffs’ request failed to “reasonably describe” the records sought in part because the agency’s 5 The Court notes that 6 C.F.R. § 5.3(b
  • where the opinions of non-examining 7 physicians do not contradict “all other evidence in the record,” 8 such opinions may furnish substantial evidence
  • where the opinions of non-examining 5 physicians do not contradict “all other evidence in the record” an ALJ 6 properly may rely on these opinions

Source: CourtListener parenthetical corpus (CC0).

Judges: Miner, Leval, Sand

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