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Fifth Circuit· 1/9/2001

Shave v. Apfel

Citations

  • 238 F.3d 592
  • 2001 U.S. App. LEXIS 230
  • 82 Empl. Prac. Dec. (CCH) 40,879

How courts have described this case

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

  • finding that the context of the ALJ’s decision reflected adequate consideration of a regulatory factor: use of pain medication
  • noting that the Fifth Circuit requires “a showing that the claimant was prejudiced by the agency’s failure to follow a particular rule before such a failure will be permitted to serve as the basis for relief from an ALJ’s decision”
  • expressing a strong preference for requiring the SSA to follow HALLEX where a claimant is prejudiced
  • “This Circuit has expressed a strong preference for requiring the social security administration to follow its own internal procedures.”
  • “This Circuit has expressed a strong preference for requiring the social security administration to follow its own internal procedures.”
  • “This Court requires. . . a showing that the claimant was prejudiced by the agency’s failure to follow a particular rule before such a failure will be permitted to serve as the basis for relief from an ALJ’s decision.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Jones, Demoss

Read full opinion on CourtListener

Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

Cites

3 cases in this archive are cited by this case.

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.