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· 1/24/2011

Winschel v. Commissioner of Social Security

Citations

  • 631 F.3d 1176
  • 2011 U.S. App. LEXIS 1396
  • 2011 WL 198372

How courts have described this case

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

  • holding that the court “may not decide the facts anew, 30 reweigh the evidence, or substitute [its] juadgment” for that of the ALJ
  • holding that good cause exists to discount a treating physician’s opinion when the “evidence supported a contrary finding”
  • holding that when treating physician’s opinion is not bolstered by the evidence, ALJ has good cause to give that opinion less weight
  • holding that the ALJ must state with particularity the weight given to different medical opinions and the reasons therefor
  • holding that the ALJ erred in failing to include a hypothetical to the VE that accounted for Winschel’s moderate limitation in maintaining concentration, persistence, and pace
  • holding that the VE’s testimony was not substantial evidence “[b]ecause the ALJ asked the vocational expert a hypothetical question that failed to include or otherwise implicitly account for all of [the claimant]’s impairments”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilson, Pryor, Anderson

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.