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· 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 CourtListener

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.