· 5/16/1984
Ricardo De Leon v. Secretary of Health and Human Services
Citations
- 734 F.2d 930
- 1984 U.S. App. LEXIS 22415
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that an individual seeking disability benefits \need not be completely helpless or unable to function\ (internal quotation marks omitted)
- in determining claimant's RFC, ALJ improperly ignored psychologist's findings that claimant was of low intelligence and social comprehension
- \Congress intended the Secretary to compare an applicant's condition at the time of review with his or her condition at the time benefits were initially granted.\
- where the ALJ does not present \the full extent\ of plaintiff's physical disabilities to the vocational expert, \the record provides no basis for drawing conclusions\ about whether the plaintiff's limitations render him disabled
- “The clear implication of both the statute and the regulations, then, is that a comparative standard should be employed in deciding whether to terminate an individual’s benefits.”
- “The cases in this Circuit are almost legion where the court has reversed administrative findings due to the factfinder’s failure to give appropriate weight to the expert opinion of the treating physician.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lumbard, Oakes, Cardamone
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.