Legal Opinion

Nelms v. Astrue

Court of Appeals for the Seventh Circuit

Decided January 28, 2009No. 08-1774PublishedCited by 402 opinions

1Opinion of the Court

TINDER, Circuit Judge.

Theodis Nelms, Jr., sought Social Security disability benefits, but an administrative law judge determined that he can perform light work. On appeal Nelms, who was without counsel before the ALJ, contends that the ALJ did not adequately develop the record in violation of his duty to unrepresented claimants. Additionally, Nelms argues that the ALJ ignored certain environmental restrictions when assessing Nelms’s residual functional capaci*1095ty. We agree with Nelms that the record is inadequate and therefore remand for further proceedings before the agency.

Background

Nelms…

2Cases cited15 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Roberta Skinner v. Michael J. Astrue, CommissionerCourt of Appeals for the Seventh Circuit · 2007
  3. C. Etta Rice v. Jo Anne B. Barnhart, Commissioner of Social SecurityCourt of Appeals for the Seventh Circuit · 2004
  4. Domingo Echevarria v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
  5. Getch v. AstrueCourt of Appeals for the Seventh Circuit · 2008

10 more not listed; retrieve them via the Exa API.

3Cited by402 opinions

  1. Cheryl Beardsley v. Carolyn ColvinCourt of Appeals for the Seventh Circuit · 2014
  2. McKinzey v. AstrueCourt of Appeals for the Seventh Circuit · 2011
  3. Christopher Jozefyk v. Nancy BerryhillCourt of Appeals for the Seventh Circuit · 2019
  4. Terry v. AstrueCourt of Appeals for the Seventh Circuit · 2009
  5. Mildred Thomas v. Carolyn ColvinCourt of Appeals for the Seventh Circuit · 2014

397 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API