Mary M. MAGALLANES, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee
- Decided
- August 4, 1989
- Docket
- 88-2593
- Status
- Published
- Jurisdiction
- Federal
Cited 3,056 timesSuperseded by statute (verified)Possible negative treatment: superseded by statute (1 of 7 verified; none is a verified overruling) · Hardwick v. Astrue
What later courts said
- holding that hypothetical questions the ALJ poses to the vocational expert must include all of the claimant's limitations and restrictions — Tina Van Sickle v. Michael Astrue (2010)
- holding that “the treating physician’s opinion is not . . . necessarily conclusive as to either a physical condition or the ultimate issue of disability.” — Higgins-Allen v. Commissioner of Social Security (2024)
- holding that ALJ properly rejected treating physician's opinion when inconsistent with other evidence in record — Josie McWatters v. John J. Callahan, Acting Commissioner, Social Security Administration (1997)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
WALLACE, Circuit Judge:
Mary Magallanes appeals from the district court’s judgment affirming the determination by the Secretary of Health and Human Services (Secretary) of the onset date of her disability. Magallanes argues that the Secretary’s decision awarding her disability benefits but rejecting her claim of an earlier onset date was not supported by substantial evidence. She contends that the administrative law judge (AU) improperly disregarded the opinion of her treating physicians, improperly relied on a non-treating, non-examining physician’s opinion, failed to make sufficient findings to justify discrediting her subjective pain testimony, and improperly relied on unsupported vocational expert testimony. We have jurisdiction over Magallanes’s timely appeal pursuant to 28 U.S.C. § 1291. We affirm.
I
Statutes cited
Cite this
Mary M. MAGALLANES, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee, 881 F.2d 747 (1989)Read the full opinion
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