Berna v. Chater

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding appeal in which one of two alternate grounds for disposition went unchallenged “effectively foreclosed under Murrell ”
• recognizing “that waiver principles developed in other litigation contexts are equally applicable to social security cases”
• noting that any one of district court’s alternative grounds can provide “sufficient basis” for its ruling (quoting Murrell v. Shalala, 43 F.3d 1388, 1389–90 (10th Cir. 1994))
• recognizing waiver doctrines “are equally applicable in social security cases”
• finding the district court relied on an alternative rationale the appellant needed to challenge when it held that “even if [the appellant] could establish that she was incapable of performing her past relevant work,” she could perform other jobs (quotations omitted)
• “The scope of our review ... is limited to the issues the claimant properly preserves in the district court....”

Source: CourtListener parenthetical corpus (CC0).