Does a finding of nondisability need to be overturned?

The Rhodes court rejected a finding of nondisability in a similar case. The administrative law judge refused to accept the uncontroverted diagnosis of the claimant's physician characterizing the claimant as disabled. The administrative law judge attempted to justify rejection of the doctor's conclusion by highlighting the doctor's description of the claimant as improved. The administrative law judge also relied on his personal observation of the claimant at the hearing to support a nondisability finding. We reversed, holding the administrative law judge had failed to provide clear and convincing reasons for rejecting the physician's report. Rhodes v. Schweiker, 660 F.2d at 724.

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