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· 6/20/1986

Rose E. Brown v. Otis R. Bowen, Secretary, Department of Health and Human Services

Citations

  • 794 F.2d 703
  • 253 U.S. App. D.C. 409
  • 1986 U.S. App. LEXIS 26130

How courts have described this case

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

  • stating that “[t]he judiciary can scarcely perform its assigned review function, limited though it is, without some indication not only of what evidence was credited, but also whether other evidence was rejected rather than simply ignored”
  • remanding a disability claim so that the SSA could consider the effect of evidence that it had errantly ignored
  • “The ALJ is certainly entitled to weigh conflicting opinions and to make his own assessment of their credibility.”
  • “While contradictory evidence may exist, such credibility determinations are for the factfinder who hears the testimony[.]”
  • An implicit rejection, “without even a breath of explanation” would “violate[ ] the elementary requirement that ALJ’s not only state their findings but explicate the reasons for their decision”
  • “The judiciary can scarcely perform its assigned review function, limited though it is, without some indication not only of what evidence was credited, but also whether other evidence was rejected rather than simply ignored”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mikva, Starr, Silber-Man

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.