· 10/12/2010
Luna v. Astrue
Citations
- 623 F.3d 1032
- 2010 U.S. App. LEXIS 21003
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that evidence is material when it bears directly on the matter and there is a reasonable possibility that it would have changed the outcome
- explaining that evidence is material if there is a reasonable possibility that it would have changed the outcome
- concluding “Given this uncertainty, remand 17 for further factual proceedings was an appropriate remedy”
- remanding where the record was insufficient to determine if the first and second agency decisions “were reconcilable or inconsistent”
- remanding where the record was insufficient to determine if the first and second agency decisions “were reconcilable or inconsistent”
- finding rule is not mandatory where “there are ‘outstanding issues that 12 must be resolved before a proper disability determination can be made’” (internal citation 13 omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Kozinski, Wallace, Clifton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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