Ysabel Rosa v. John S. Callahan, Acting Commissioner of Social Security
- Decided
- February 5, 1999
- Docket
- 98-6079
- Status
- Published
- Jurisdiction
- Federal
Cited 2,867 timesNo negative treatment found in this library
What later courts said
- holding that, when evidentiary gaps exist in the record, remand for the development of additional evidence is appropriate — Delgado v. Barnhart (2004)
- holding that “an ALJ cannot reject a treating physician’s diagnosis without first attempting to fill any clear gaps in the administrative record” — Cortez v. Commissioner of Social Security (2020)
- holding that an ALJ is not entitled, as a non-expert, to interpret the voluminous evidence of plaintiffs physical impairments using his own common sense — Doty v. Commissioner of Social Security (2023)
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
SOTOMAYOR, Circuit Judge:
Plaintiff-appellant Ysabel Rosa applied for Social Security disability benefits in late February 1995. She claimed that she was disabled when a refrigerator door fell against her while she worked as a cook’s helper in October 1993. Defendant-appellee, the Commissioner of Social Security (the “Commissioner”), denied Rosa’s application for disability benefits under the Social Security Act (the “Act”), 42 U.S.C. § 301 et seq.
An administrative law judge (the “ALJ”) subsequently reviewed the matter and upheld the Commissioner’s decision. Rosa then filed this action in the United States District Court for the Southern District of New York (Cote, /.). Rosa now appeals from the March 11, 1998 judgment entered by the district court affirming the. Commissioner’s decision. We find that the denial of disability benefits was based upon an incomplete and inadequate record. Accordingly, we vacate the district court’s decision and remand the case to the Commissioner for further development of the record and reconsideration of Rosa’s application.
Statutes cited
Cite this
Ysabel Rosa v. John S. Callahan, Acting Commissioner of Social Security, 168 F.3d 72 (1999)Read the full opinion
Reading the library on this site uses your account’s daily calls, the same as the connector and the API. The Free plan needs no card. Calls a day on each plan.