· 5/27/2008
Rizvani v. Mukasey
Citations
- 279 F. App'x 54
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that the claimant “ignores the fact that the ALJ was not required” to explain the weight afforded to “[the claimant’s] mother’s testimony at all”
- determining that while the ALJ was not required to give any weight to the claimant’s mother’s testimony, it was still used to determine claimant’s residual functional capacity
- rejecting argument that DAA restriction does not apply where substance use is a symptom of the mental disorder, reasoning that “[t]he statute does not create [an] exception based on the cause of the addiction”
- no heightened duty therefore “ALJ was not required to assume the role of counsel and aid Smith in developing the record and presenting evidence”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hon, Livingston, Raggi, Straub
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.