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· 10/21/1988

Betty L. Varney v. Secretary of Health and Human Services

Citations

  • 859 F.2d 1396
  • 1988 U.S. App. LEXIS 14531
  • 1988 WL 109167

How courts have described this case

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

  • stating that if the record is complete, the court may award benefits rather than remand for further consideration
  • “Being required to remand for that purpose,” the ALJ may also have “the opportunity to make specific findings regarding the claimant’s [ ] testimony.”
  • awarding benefits because “no further proceedings are necessary to develop the administrative record” where the expert’s response on cross-examination established that there were no jobs the claimant could perform
  • “Delaying the payment of 26 benefits by requiring multiple administrative proceedings that are duplicative and unnecessary 27 only serves to cause the applicant further damage—financial, medical, and emotional.”
  • remanding for benefits where plaintiff’s attorney “amended the hypothetical question to reflect [plaintiff’s] limitations” and VE responded that “such an individual would not be able to perform any of the jobs” previously identified
  • describing the credit-as-true rule as perpetuating this goal of social security law

Source: CourtListener parenthetical corpus (CC0).

Judges: Browning, Hug, Reinhardt

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.