Legal Opinion

Gutzman v. Apfel

District Court, D. Nebraska

Decided August 23, 2000No. 4:99CV535PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

KOPF, Chief Judge.

Because the Administrative Law Judge (ALJ) improperly evaluated a treating doctor’s opinion, I will reverse the decision denying Plaintiff benefits. I will also remand for further review.

While it may be that the treating physician’s opinion should ultimately be rejected when that opinion is properly examined, the ALJ must correctly probe the basis of the doctor’s assessment before spurning it. The reasons for my decision that the ALJ did not do so are set forth below.

I. BACKGROUND

At the time of the hearing, Plaintiff was a thirty-five-year-old woman with…

2Cases cited5 opinions

  1. Lois Cunningham v. Kenneth S. Apfel, Commissioner of Social Security AdministrationCourt of Appeals for the Eighth Circuit · 2000
  2. Charlotte M. O'Leary v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1983
  3. James R. BISHOP, Appellant, v. Louis W. SULLIVAN, M.D., AppelleeCourt of Appeals for the Eighth Circuit · 1990
  4. Garland M. Ross v. Kenneth S. Apfel, Commissioner of Social Security AdministrationCourt of Appeals for the Eighth Circuit · 2000
  5. Baldeo Singh v. Kenneth S. Apfel, Commissioner of Social SecurityCourt of Appeals for the Eighth Circuit · 2000

3Cited by2 opinions

  1. Foley v. BarnhartDistrict Court, M.D. Pennsylvania · 2005
  2. Vonbusch v. ApfelDistrict Court, D. Nebraska · 2001

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