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· 9/7/1994

Rose v. Shalala

Citations

  • 34 F.3d 13
  • 1994 U.S. App. LEXIS 24235
  • 1994 WL 471150

How courts have described this case

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

  • holding that ALJ could not rely on vocational expert's response to find claimant disabled because hypothetical impermissibly omitted significant functional limitation claimant had
  • ruling that the ALJ erred in failing to mention any functional limitation arising from the symptoms of plaintiff’s impairment
  • holding that ALJ cannot rely on VE's testimony when hypothetical omits significant functional limitation
  • cautioning that the amount of weight accorded to nonexamining physicians varies with the circumstances and that in some cases written reports submitted by nonexamining physicians cannot constitute substantial evidence
  • instructing that reliance on the Grid is not dispositive where non-exertional limitations are present
  • noting absence of definitive diagnostic tests for chronic fatigue syndrome and that it is characterized by persistent unexplained fatigue and a lack of objective proof

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Campbell, Boudin

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.