BARRETT v. BERRYHILL

No. 17-41177.

906 F.3d 340 (2018)

James BARRETT, Plaintiff-Appellant, v. Nancy A. BERRYHILL, Acting Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

REVISED October 16, 2018.


Attorney(s) appearing for the Case

Michael Thomas Kelly , Morgan & Weisbrod, L.L.P., Dallas, TX, for Plaintiff-Appellant.

Keith Allen Garner, Esq. , Special Assistant U.S. Attorney, Jose Ricardo Hernandez , Special Assistant U.S. Attorney, Social Security Administration, Office of the General Counsel Region VI, Dallas, TX, for Defendant-Appellee.

Before SMITH, CLEMENT, and COSTA, Circuit Judges.


In deciding whether a claimant is eligible for Social Security disability benefits, administrative law judges often consider the reports of medical consultants. These doctors, who work for either Social Security or a state agency, do not examine the claimant but review the medical files of those who have and assess the...

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