Cluster 7322661
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· 5 citation events
across 1 courts.
Showing the 4 strongest citers on record
(one row per citing case, strongest signal kept).
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Perez v. Commissioner of Social Security (2024)
May 21, 2021) (finding that ALJ erred by elevating own personal view and “improperly undermin[ing]” the treating physicians); see also Smith v. Colvin, 218 F. Supp. 3d 168, 174 (E.D.N.Y. 2016) (finding the ALJ erred by elevating his personal view of the medical evidence over the treating physician’s opinion).
finding the ALJ erred by elevating his personal view of the medical evidence over the treating physician’s opinion
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Salemi v. Commissioner of Social Security (2021)
See Balsamo v. Chater, 142 F.3d 75, 81 (2d Cir.1998) (“[A]n ALJ must rely on the medical findings contained within the record and cannot make his own diagnosis without substantial medical evidence to support his opinion.”); see also Smith v. Colvin, 218 F.Supp.3d 168, 174 (E.D.N.Y. 2016) (finding the ALJ erred by elevating his personal view of the medical evidence over the treating physician’s opinion); Oatman v. Comm’r of Soc.
finding the ALJ erred by elevating his personal view of the medical evidence over the treating physician’s opinion
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Breyer v. Commissioner of Social Security (2021)
See Balsamo v. Chater, 142 F.3d 75, 81 (2d Cir.1998) (“[A]n ALJ must rely on the medical findings contained within the record and cannot make his own diagnosis without substantial medical evidence to support his opinion.”); see also Smith v. Colvin, 218 F.Supp.3d 168, 174 (E.D.N.Y. 2016) (finding the ALJ erred by elevating his personal view of the medical evidence over the treating physician’s opinion); Oatman v. Comm’r of Soc.
finding the ALJ erred by elevating his personal view of the medical evidence over the treating physician’s opinion
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Kruder v. Commissioner of Social Security (2019)
Sept. 12, 2018) (citation omitted), and he “cannot arbitrarily substitute his own judgment for competent medical opinion.” Rosa v. Callahan, 168 F.3d 72, 79 (2d Cir. 1999) (citations omitted); see also Smith v. Colvin, 218 F. Supp. 3d 168, 174 (E.D.N.Y. 2016) (the ALJ improperly “relied on his own lay critique of the record evidence” when he rejected the treating physician’s opinion).
the ALJ improperly “relied on his own lay critique of the record evidence” when he rejected the treating physician’s opinion