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Jorge L. SUAREZ v. SECRETARY OF HEALTH AND HUMAN SERVICES

6 soc.sec.rep.ser. 140, unempl.ins.rep. Cch 15,515 Jorge L. Suarez v. Secretary of Health and Human Services

Suarez v. Sec'y of Health & Human Servs., 740 F.2d 1 (1st Cir. 1984)
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Court
Court of Appeals for the First Circuit · U.S. Courts of Appeals
Decided
August 21, 1984
Docket
No. 84-1242
Judges
Coffin, Bownes, Breyer
Citations
740 F.2d 1

Opinion — Per Curiam

PER CURIAM.

From our review of the record in this case, we conclude that there was not substantial evidence to support the Secretary’s finding of no disability for the period from June 1977 until June 1979. Rather the uncontroverted medical evidence showed that claimant suffered from chronic, undifferentiated schizophrenia with depression, agitation, hallucinations, and delusions, as well as little ability to tend to daily activities or to sustain interpersonal relationships. As such, claimant’s disorder met the definition in the Listing of Impairments for a functional psychotic disorder, 20 CFR Appendix 1, § 12.03 and he was entitled to a presumption of disability for the relevant time period. The AU, although empowered to make credibility determinations and to resolve conflicting evidence, Miranda v. Secretary of HEW, 514 F.2d 996, 1000 (1st Cir.1975), was not at liberty simply to ignore uncontroverted medical reports.

See, e.g., Walden v. Schweiker, 672 F.2d 835, 839-40 (11th Cir. 1982);

Smith v. Califano, 637 F.2d 968, 970-71 (3rd Cir.1981);

Behnen v. Califano, 588 F.2d 252, 254 (8th Cir.1978);

Hassler v. Weinberger, 502 F.2d 172, 178 (7th Cir. 1974).

*2 Since claimant’s evidence demonstrated the existence of a “Listed Impairment”, there is no need for further proceedings. The judgment of the District Court is reversed, and the case is remanded with instructions to remand to the Secretary for the payment of benefits to the claimant for the period from June 1977 to June 1979 or for such longer period as he continues to be disabled.

See Walden v. Schweiker, supra at 840.

Chicager v. Califano, 574 F.2d 161, 164 (3rd Cir.1978).

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 28 cases

View all citing references →
1985: 41986: 21990: 11992: 31995: 21998: 11999: 32000: 22001: 12004: 12009: 12010: 12011: 12012: 12014: 22016: 12018: 119852026peak 1985 · 4

Relies on it most ⓘ

  1. Angela Calderon Nieves v. Secretary of Health and Human Services775 F.2d 12 (1st Cir. 1985)
  2. Durant v. Chater906 F. Supp. 706 (D. Mass. 1995)
  3. Resendes v. Astrue780 F. Supp. 2d 125 (D. Mass. 2011)
  4. Carreau v. SSANo. CV-00-294-B (D.N.H. May 31, 2001)
  5. Hung NGUYEN v. Shirley S. CHATER172 F.3d 31 (1st Cir. 1999)
  6. Miguel A. ROSADO v. SECRETARY OF HEALTH AND HUMAN SERVICES807 F.2d 292 (1st Cir. 1986)

Most recent

  1. Denise Dimambro v. US Social Security Administration, Acting Commissioner2018 DNH 004 (D.N.H. 2018)
  2. Walter v. SSA2016 DNH 030 (D.N.H. 2016)
  3. Securities Industry and Financial Markets Association v. Commodity Futures Trading CommissionNo. 2013-1916 (D.D.C. Sept. 16, 2014)
  4. Marintez v. ColvinNo. 13-CV-144-LM (D.N.H. Mar. 10, 2014)
  5. Bell v. SSA2012 DNH 010 (D.N.H. 2012)
  6. Resendes v. Astrue780 F. Supp. 2d 125 (D. Mass. 2011)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Walden v. Schweiker, 672 F.2d 835 (11th Cir. 1982) 585
Smith v. Califano, 637 F.2d 968 (3d Cir. 1981) 466
Miranda v. Sec'y of Health, Educ. & Welfare, 514 F.2d 996 (1st Cir. 1975) 142
Hassler v. Casper Weinberger, Sec'y of Health, Educ. & Welfare, 502 F.2d 172 (7th Cir. 1974) 38
Chicager v. Califano, 574 F.2d 161 (3d Cir. 1978) 28
Behnen v. Califano, 588 F.2d 252 (8th Cir. 1978) 24

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