Molina v. Astrue
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
All 430 flagged citations have been read; the one confirmed treatment is listed below.
430 later cases cite Molina v. Astrue; 430 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Molina v. Astrue?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Superseded by statute or regulation
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For claims filed after March 27, 2017, the regulations require an ALJ to consider lay witness testimony but do not require germane reasons for rejecting it.
Schilling v. Commissioner of Social Security · E.D. Cal. · filed
... see also Molina, 674 F.3d at 1111. In giving ... “germane reasons” for disregarding a lay witness’s testimony ... Similarly, the “germane reasons” standard at issue in the instant case pre-dates the revised ... regulations and is likely superseded by the 2017 regulatory framework ... Thus, the new regulations do not support a ... requirement that the ALJ articulate “germane reasons” for rejecting lay witness testimony, but ... only a requirement that the lay testimony was “considered.”
Read the full opinion on CourtListener →
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