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· 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 CourtListener

Sourced 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.