Monday, January 26, 2009

diability - examining physician opinion

Brownawell v. Commissioner - 3d Cir. - Dec. 9, 2008

http://www.ca3.uscourts.gov/opinarch/074405p.pdf

The appellate court entered an outright reversal and directed the payment of benefits, because

- the decision to deny benefits was improperly based on a number of erroneous facts and discredits the opinions of two examining doctors (who clearly considered her to be disabled), improperly favoring the opinion of a non-examining psychologist, and

- because substantial evidence on a fully developed record indicates that Brownawell is disabled.