Legal Opinion
Charles BAPP, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary Health and Human Services, Defendant-Appellant
Court of Appeals for the Second Circuit
Decided September 25, 1986No. 1477, Docket 86-6084PublishedCited by 545 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
The question before us on this appeal is whether the Secretary of Health and Human Services (Secretary) must produce a vocational expert to testify as to a disability claimant’s alternative vocational capacity whenever the claimant presents proof that he suffers from a nonexertional impairment in addition to his exertional impairment. The United States District Court for the District of Vermont (Billings, J.) held on February 18, 1986 that the testimony of a vocational expert was always required in these circumstances. The Secretary appeals.
We do not adopt the…
2Cases cited9 opinions
- Elmer G. Berry v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
- Walter E. Parker v. Patricia Roberts Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1980
- Walker G. Grant v. Richard S. Schweiker, Secretary Department of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1983
- Channel v. HecklerCourt of Appeals for the Tenth Circuit · 1984
- Charles Daniel Smith v. Richard S. Schweiker, in His Official Capacity as Secretary of the Department of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by545 opinions
- Reddick v. ChaterCourt of Appeals for the Ninth Circuit · 1998
- Ysabel Rosa v. John S. Callahan, Acting Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 1999
- Edwind F. PRATTS, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1996
- Ellen Melville v. Kenneth S. Apfel, Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 1999
- Arthur Poulos v. Commissioner of Social SecurityCourt of Appeals for the Third Circuit · 2007
540 more not listed; retrieve them via the Exa API.