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· 3/6/1998

Patrick Balsamo v. Shirley S. Chater, Commissioner of Social Security

Citations

  • 142 F.3d 75
  • 1998 WL 100544

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that an ALJ’s decision to reject a medical opinion must be based on other medical evidence and not the ALJ’s lay judgment
  • remanding for benefits based on errors at step five and where application had been pending for four years
  • “[I]t is well-settled that the ALJ cannot arbitrarily substitute his own judgment for competent medical opinion.”
  • “[A]n ALJ is free . . . to choose between properly submitted medical opinions[.]’”
  • an “ALJ cannot arbitrarily substitute his own judgment for 15 competent medical opinion”
  • “In the absence of a medical opinion to support [an] ALJ’s finding as to [a claimant’s] ability to perform [a certain level of] work, it is well-settled that the ALJ cannot arbitrarily substitute his own judgment for competent medical opinion.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cardamone, Jacobs, Walker

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.