· 3/3/1982
O'Brien v. Sky Chefs, Inc.
Citations
- 670 F.2d 864
- 28 Fair Empl. Prac. Cas. (BNA) 661
- 33 Fed. R. Serv. 2d 1107
- 1982 U.S. App. LEXIS 21319
- 28 Empl. Prac. Dec. (CCH) 32,549
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the ALJ only needs to include limitations supported by the record in his hypothetical question to the VE
- noting that the ALJ only needs to include limitations supported by the record in his hypothetical question to the VE
- stating that the VE’s testimony may only be considered if the question accurately reflected the claimant’s physical and mental impairments
- stating that a “vocational expert’s testimony concerning a claimant’s ability to perform alternative employment may only be considered for purposes of determining disability if the question accurately portrays the claimant’s individual physical and mental impairments”
- stating that a “vocational expert’s testimony concerning a claimant’s ability to perform alternative employment may only be considered for purposes of determining disability if the question accurately portrays the claimant’s individual physical and mental impairments”
- finding ALJ’s failure to include two medically undisputed impairments in questions to VE rendered questions defective and answer was not considered substantial evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Quackenbush
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.