· 2/21/2013
Selian v. Astrue
Citations
- 708 F.3d 409
- 2013 WL 627702
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “to override the opinion of a treating physician . . . the ALJ must explicitly consider” these factors
- concluding that the ALJ erred by citing a portion of doctor’s medical notes while “ignor[ing] the context of the notation”
- concluding that an ALJ, in determining claimant’s RFC, could not rely on the “remarkably vague” opinion of a consulting examiner that the claimant “should be able to lift... objects of a mild degree of weight on an intermittent basis”
- noting that, as a general rule, “ALJs should not rely heavily on the findings of consultative physicians after a single examination”
- cautioning that “ALJs should not rely heavily on the findings of consultative physicians after a single examination”
- highlighting that the ALJ should have contacted the physician because his medical opinion was “remarkably vague” and was “left to the ALJ’s sheer speculation”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Katzmann, Rakoff
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.