· 9/28/1983
Van Horn, John v. Schweiker, Richard S., Secretary of Health and Human Services
Citations
- 717 F.2d 871
- 1983 U.S. App. LEXIS 16450
- 3 Soc. Serv. Rev. 44
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 may not use his or her expertise against that of a physician presenting competent medical evidence
- stating that the court “would expect [the ALJ] at least to state that he found a witness not credible before wholly disregarding his testimony”
- stating that an ALJ should note in his decision when he did not find a witness credible
- finding that an ALJ should find that a witness lacked credibility before wholly disregarding their testimony
- “[A]n ALJ is not free to set his own expertise against that of physicians who present competent medical evidence.”
- “The ALJ could only have reached his conclusion by relying solely on his own non-expert observations at the hearing—in other words, by relying on the roundly condemned ‘sit and squirm’ method of deciding disability cases.”
Source: CourtListener parenthetical corpus (CC0).
Judges: III, Hunter, Higginbotham, Ziegler
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.