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· 4/13/1987

Willie Earl McSWAIN, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

Citations

  • 814 F.2d 617
  • 1987 U.S. App. LEXIS 4913
  • 17 Soc. Serv. Rev. 121

How courts have described this case

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

  • holding that opinions of one-time examiners are not entitled to deference because they are not treating physicians
  • holding that the ALJ did not err in asking a hypothetical question that assumed only the restrictions supported by the evidence and omitted unsupported restrictions
  • holding that the ALJ did not err in asking a hypothetical question that assumed the only restrictions that the evidence supported and omitted other restrictions
  • holding opinions of one- time examiners were not entitled to deference because the examiners were not treating physicians
  • finding that opinions of consultative examining physicians “are not entitled to deference because as one-time examiners they were not treating physicians”
  • stating that a doctor who examines a claimant on one occasion is not considered a “treating physician”

Source: CourtListener parenthetical corpus (CC0).

Judges: Godbold, Vance, Johnson

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.