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· 12/6/2010

Spiva v. Astrue

Citations

  • 628 F.3d 346
  • 2010 U.S. App. LEXIS 24835
  • 162 Soc. Serv. Rev. 31

How courts have described this case

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

  • holding that error is not harmless if ALJ may have reached a different conclusion absent that error
  • recognizing that remand from harmless error is a “waste of time” where the error would not change the outcome of the ALJ’s decision
  • holding that remand is not warranted when it is “predictable with great confidence that the agency will reinstate its decision on remand”
  • holding that remand is unnecessary when there is only harmless error
  • explaining that the harmless error doctrine permits affirmance where “it is predictable with great confidence that the agency will reinstate its decision on remand”
  • explaining that the harmless error doctrine permits affirmance where “it is predictable with great confidence that the agency will reinstate its decision on remand”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Tinder, Hamilton

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.