Shave v. Apfel

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).