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· 5/30/1989

Nena W. RODRIGUEZ, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

Citations

  • 876 F.2d 759
  • 1989 U.S. App. LEXIS 7491
  • 1989 WL 55739

How courts have described this case

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

  • requiring that substantial evidence support the ALJ’s reasons for rejecting a treating physician’s opinion of disability and that those reasons be clear and convincing
  • observing that “the capability to work only a few hours per day does not constitute the ability to engage in substantial gainful activity”
  • holding that the diagnosis of a treating physician may be rejected only by setting forth specific, legitimate reasons for doing so that are \clear and convincing\ and are contained in a detailed summary and analysis of the facts and conflicting clinical evidence
  • crediting subjective fatigue testimony and awarding benefits despite sparse medical 4 records corroborating claims of pain and fatigue
  • treating or examining physician’s opinion on the ultimate issue of disability not conclusive
  • treating or examining physician’s opinion on the ultimate issue of disability not conclusive

Source: CourtListener parenthetical corpus (CC0).

Judges: Boochever, Reinhardt, Thompson

Read full opinion on CourtListener

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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.