· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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