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· 2/25/2014

Vickie Kemp v. Carolyn Colvin

Citations

  • 743 F.3d 630
  • 2014 WL 700781
  • 2014 U.S. App. LEXIS 3467

How courts have described this case

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

  • holding that, where the record does not reflect whether the vocational expert or ALJ even recognized a possible conflict between the ALJ’s hypothetical and the DOT listing, the case should be remanded for further 12 proceedings
  • holding 1 that, where the record does not reflect whether the vocational expert or ALJ even recognized a possible conflict between the ALJ’s hypothetical 2 and the DOT listing, the case should be remanded for further proceedings
  • reversing where the record lacked any indication that the ALJ and VE recognized a conflict between the hypothetical and the DOT listing
  • remanding where “the record d[id] not reflect whether the VE or the ALJ even recognized the possible conflict”
  • finding a conflict between DOT job listing requiring constant reaching and RFC limitation that claimant could reach overhead only occasionally
  • reversing for failure to resolve apparent conflict where the claimant had an “occasional overhead reaching” limitation in both arms but occupations required “constant reaching”

Source: CourtListener parenthetical corpus (CC0).

Judges: Loken, Bye, Benton

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.