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 importnat tool for enhancing the defensibility of OHA decisions.

Explanation of Content and Changes

This issuances incorporates the additions, deletions and revisions through March 1997.

Remove the CCCR issued in June 7, 1996.

IN GENERAL

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

FIRST CIRCUIT

Under Acquiescence Rulings, we added AR 97-1(1), Parisi by Cooney v. Chater, 69 F.3d 614 (1st. Cir 1995) - Reduction of Benefits Under the Family Maximum In Cases Involving Dual Entitlement - Title II of the Social Security Act.

SECOND CIRCUIT

Under Impairments - Speech, we added Beauvoir v. Chater.

SIXTH CIRCUIT

1. Under Reopening / Res Judicata, we added Casey v. Secretary of Health and Human Services.

2. Under Substantial Gainful Activity, we added Bell v. Commissioner of Social Security.

SEVENTH CIRCUIT

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

2. Under Substantial Gainful Activity, we added Brewer v. Chater.

3. Under Vocational Factors -Sit/Stand Option, we added Peterson v. Chater.

EIGHTH CIRCUIT

1. Under Failure To Follow Prescribed Treatment, we added Kisling v. Chater.

2. Under Impairments - Obesity, we added Ingram v. Chater.

3. Under Substantial Gainful Activity, we added Andler v. Chater.

4. Under Vocational Factors - Lack of Motivation, we added Flynn v. Chater.

5. Under Vocational Factors - Vocational Experts, we added Pickney v. Chater.

NINTH CIRCUIT

1. Under Acquiescence Rulings, we added AR 97-2(9), Amputation of a Lower Extremity - When the Inability to Afford the Cost of a Prosthesis Meets the Requirements of Section 1.10 C of the Listing of Impairments - Titles II and XVI of the Social Security Act, Gamble v. Chater, 68 F.3d 319 (9th Cir. 1995).

2. Under Failure To Follow Prescribed Treatment, we added Nguyen v. Chater.

3. Under Medical Evidence, we added Nguyen v. Chater.

4. Under Medical-Vocational Guidelines (GRID), we added Chavez v. United States Department of Health and Human Services.

5. Under Physician Testimony, we added Lester v. Chater.

6. Under Miscellaneous - Lay Testimony, we added Nguyen v. Chater.

TENTH CIRCUIT

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

2. Under Duty To Develop Record, we added Puckett v. Chater.

3. Under Impairment - Use of Prosthesis, we added Puckett v. Chater.

4. Under Onset Date, we added Miller v. Chater.

5. Under Physician Testimony, we added Miller v. Chater.

6. Under Miscellaneous - Failure To Raise Issue At The Administrative Level, we added James v. Chater.

Insert

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

Date: October 31, 1997