· 1/16/2009
Wiese v. Astrue
Citations
- 552 F.3d 728
- 2009 U.S. App. LEXIS 1319
- 2009 WL 103321
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding it is permissible if the basis of the ALJ’s finding may be “apparent from the opinion’s entirety”
- explaining that a district court may not decide facts anew, reweigh the evidence or substitute its judgment for that of the ALJ
- reasoning that “it is not” the province of the court to re-weigh “evidence presented to the ALJ or to try [an] issue . . . de novo.”
- reasoning that “it is not” the province of the court to reweigh “evidence presented to the ALJ or to try [an] issue in . . . de novo.”
- affirming that an ALJ’s findings may be “apparent from the opinion’s entirety,” and it is not necessary to focus on one specific portion of the opinion in isolation
- noting if it is possible to draw two inconsistent positions from the evidence and one of those positions represents the Commissioner’s finding, [the court] must affirm the ALJ’s decision
Source: CourtListener parenthetical corpus (CC0).
Judges: Bye, Beam, Shepherd
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.