· 10/7/2008
Overman v. Astrue
Citations
- 546 F.3d 456
- 2008 U.S. App. LEXIS 21016
- 2008 WL 4472095
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that ALJ may give expert testimony precedence when her knowledge and experience exceed the Dictionary
- noting that “SSR 00-4p requires only that the ALJ investigate and resolve apparent conflicts between the VE’s evidence and the DOT”
- underscoring that a VE’s testimony can satisfy the Commissioner’s Step 4 Compare AR 68 (ALJ presenting hypothetical individual who “[c]an occasionally reach overhead with the right extremity and frequently reach in all other directions; . . . .”
- finding an apparent conflict where the VE gave different answers regarding whether jobs were available for similar hypotheticals on direct and cross examination
- reiterating claimant’s persuasive burden at step five since “SSR 00-4p requires only that the ALJ investigate and resolve apparent conflicts between the VE's evidence and the DOT”
- remanding where “ALJ’s ruling was premised entirely on testimony that conflicted with the DOT”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Sykes, Tinder
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.