Legal Opinion
James W. Moore v. Commissioner of the Social Security Administration, Being Sued as Jo Anne Barnhart, Commissioner Social Security Administration
Court of Appeals for the Ninth Circuit
Decided January 24, 2002No. 00-15947PublishedCited by 885 opinions
1Opinion of the Court
FISHER, Circuit Judge.
We are asked to decide what weight an administrative law judge may give to an applicant’s employment that begins after the end of the period for which the applicant is seeking Social Security disability benefits. We hold that such employment, unless wholly inconsistent with the claimed disability, is not a “specific and legitimate” reason for rejecting the opinions of examining physicians contradicted only by a nonexamining physician. It follows that such a record of work does not supply the more demanding “clear and convincing” reason required to reject the medically…
2Cases cited9 opinions
- Smolen v. ChaterCourt of Appeals for the Ninth Circuit · 1996
- Lester v. ChaterCourt of Appeals for the Ninth Circuit · 1995
- Jack FAIR, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services of the United States, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1989
- Shirley J. Vertigan v. William A. Halter, Acting Commissioner of Social SecurityCourt of Appeals for the Ninth Circuit · 2001
- Halray Harman v. Kenneth S. Apfel, Commissioner of the Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2000
4 more not listed; retrieve them via the Exa API.
3Cited by885 opinions
- Karen Garrison v. Carolyn W. ColvinCourt of Appeals for the Ninth Circuit · 2014
- Lingenfelter v. AstrueCourt of Appeals for the Ninth Circuit · 2007
- Jeanne Connett v. Jo Anne B. Barnhart, Commissioner, Commissioner of Social SecurityCourt of Appeals for the Ninth Circuit · 2003
- Steven Ahearn v. Andrew SaulCourt of Appeals for the Ninth Circuit · 2021
- Curtis D. Gudgel v. Jo Anne B. Barnhart, Commissioner of Social SecurityCourt of Appeals for the Seventh Circuit · 2003
880 more not listed; retrieve them via the Exa API.