(Download) "Nguyen V. Chater" by United States Court of Appeals for the Ninth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Nguyen V. Chater
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 20, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Claimant, Kim Van Nguyen, appeals from a denial of Social Security Disability benefits and Social Security Income benefits. While he has a history of numerous medical problems, including the effects of having been shot in both legs by the Communists in 1970 when he was a soldier in the South Vietnamese army,*fn1 the two principal issues in this case concern the ALJ's consideration of claimant's affective disorder and the effects of his chronic bronchial asthma. Specifically, claimant contends that the ALJ improperly credited a non-treating medical advisor over an examining psychologist because the ALJ failed to set forth specific legitimate reasons for doing so and the ALJ erred by not considering the lay testimony of claimant and his wife in evaluating claimant's residual functional capacity (RFC) or giving specific reasons for rejecting that lay testimony. We agree with claimant and therefore vacate and remand.
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