· 7/10/2003
Nina Green-Younger v. Joanne B. Barnhart, Commissioner of the Social Security Administration
Citations
- 335 F.3d 99
- 61 Fed. R. Serv. 1253
- 2003 U.S. App. LEXIS 13832
- 2003 WL 21545097
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that because fibromyalgia is “a disease that eludes [objective] measurement,” ALJ improperly discredited treating physician’s disability determination based upon lack of objective evidence
- holding that the ALJ erred in not giving a treating physician’s diagnosis of fibromyalgia controlling weight
- recognizing that physical examinations will usually yield normal results - a full range of motion, no joint swelling, as well as normal muscle strength and neurological reactions
- recognizing that physical examinations will usually yield normal results - a full range of motion, no joint swelling, as well as normal muscle strength and neurological reactions
- holding that a growing number of courts “have recognized that fibromyalgia is a disabling impairment and that ‘there are no objective tests which can conclusively confirm the disease.’”
- holding that the ALJ erred in rejecting the RFC opinion of the claimant’s treating physician on the ground that, except for the presence of trigger points, there was no “objective” medical evidence to support such opinion
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Van Graafeiland Parker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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