· 8/6/2002
Thomas E. McCartey v. Larry G. Massanari, Acting Commissioner of Social Security Administration
Citations
- 298 F.3d 1072
- 2002 Cal. Daily Op. Serv. 7083
- 2002 Daily Journal DAR 8870
- 2002 U.S. App. LEXIS 15660
- 2002 WL 1792480
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “an ALJ must ordinarily give great weight to a [Veterans Administration] determination of disability”
- explaining that the ALJ must give persuasive, specific, and valid reasons to give less than great weight to a VA disability rating
- creating the rule that an ALJ procedurally errs when he fails to consider a VA finding and does not mention that finding in his opinion
- creating the rule that an ALJ procedurally errs when he fails to consider a VA finding and does not mention that finding in his opinion
- “[T]he ALJ may give less weight to a VA disability rating if [s]he gives persuasive, specific, valid reasons for doing so that are supported by the record.”
- remand for award of benefits is discretionary
Source: CourtListener parenthetical corpus (CC0).
Judges: Schroeder, Nelson, Reinhardt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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