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· 2/5/1999

Ysabel Rosa v. John S. Callahan, Acting Commissioner of Social Security

Citations

  • 168 F.3d 72
  • 1999 U.S. App. LEXIS 1623
  • 1999 WL 52220

How courts have described this case

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

  • holding that, when evidentiary gaps exist in the record, remand for the development of additional evidence is appropriate
  • holding that an ALJ is not entitled, as a non-expert, to interpret the voluminous evidence of Plaintiff's physical impairments using common sense
  • holding that “an ALJ cannot reject a treating physician’s diagnosis without first attempting to fill any clear gaps in the administrative record”
  • holding that an ALJ’s failure to “fulfill his affirmative obligation to develop the administrative record” constitutes legal error
  • holding that an ALJ is not entitled, as a non-expert, to interpret the voluminous evidence of plaintiffs physical impairments using his own common sense
  • holding that an ALJ’s failure to “fulfill his affirmative obligation to develop the administrative record” constitutes legal error

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Straub, Sotomayor

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.