Background

Circuit Court Case Report (CCCR) is a compilation of Court Law on specific issues of interest to OHA adjudicators. The compilation is taken verbatim from the courts' opinions. The CCCR is a springboard for further legal research on particular issues and is an important tool for enhancing the defensibility of OHA decisions.

Explanation of Content and Changes

This issuances incorporates the additions, deletions and revisions through December 1995.

Remove the CCCR issued in April 25, 1994.

IN GENERAL:

1. We have updated case citations in all circuits and have made editorial changes.

   1. In all circuits, under Pain, in the References section, we have added Social Security Ruling (SSR) 95-5p, Considering Allegations of Pain and Other Symptoms in Residual Functional Capacity and Individualized Functional Assessments and Explaining Conclusions Reached. SSA issued SSR 95-5p on October 31, 1995.

   2. In all circuits, except the Fourth Circuit, under Pain, in the References section, we deleted SSR 88-13, Evaluation of Pain and Other Symptoms, which has been superceded and replaced by SSR 95-5p.

   3. In the Fourth Circuit, under Pain, in the References section, we deleted SSR 90-1p, Considering Allegations of Pain and Other Symptoms, which has been superceded and replaced by SSR 95-5p.

   4. In the First and Third Circuits, under Acquiescence Rulings, we have added reference to the Acting Associate Commissioner's Memorandum dated April 15, 1996: Windfall offset processing Under SSA's New Policy.

SECOND CIRCUIT

Under Medical Improvement, we deleted De Leon v. Secretary of Health and Human Services because the Commissioner's regulations supercede the case law.

THIRD CIRCUIT

1. Under Duty To Develop Record, we added Ventura v. Shalala.

2. Under Medical Improvement, we deleted Kuzmin v. Schweiker, Kuehner v. Heckler and Keegan V. Heckler because the Commissioner's regulations supersede the case law.

3. Under Miscellaneous - Workers' Compensation Offset Provision, we added Krysztoforski v. Chater.

FOURTH CIRCUIT

1. Under Onset Date, we added Bailey v. Chater.

2. Under Reopening / Res Judicata, we added Hall v. Chater.

3. Under Vocational Factors - Past Relevant Work, we added Pass v. Chater.

FIFTH CIRCUIT

1. Under Duty To Develop Record, we added Vaughan v. Shalala.

2. Under Physician Testimony, we added Martinez v. Chater.

SIXTH CIRCUIT

Under Medical Improvement, we added Henley v. Commissioner of Social Security.

SEVENTH CIRCUIT

1. Under Medical Improvement, we deleted Cassiday v. Schweiker because the Commissioner's regulations supersede the case law.

2. Under Vocational Factors - Vocational Experts, we added Ragsdale v. Shalala.

EIGHTH CIRCUIT

1. Under Medical Evidence, we added Jones v. Chater.

2. Under Vocational Factors - Vocational Experts, we added Montgomery v. Chater.

NINTH CIRCUIT

1. Under Failure to Follow Prescribed Treatment, we added Roberts v. Shalala.

2. Under Reopening/Res Judicata, we added Lester v. Chater.

3. Under Vocational Factors - Administrative Notice of Job Data, we added Johnson v. Shalala.

TENTH CIRCUIT

1. Under Credibility, we added Kepler v. Chater.

2. Under Impairments - Alcohol and Drug Abuse, we added Coleman v. Chater.

Insert

Insert the updated CCCR in the designated binder for Volume II, Part 1.

Date: June 7, 1996