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· 12/18/2017

United States v. DeSilva

Citations

  • 706 F. App'x 330

How courts have described this case

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

  • “Accordingly, because of this finding, remand to the [AJgency for further review is an unnecessary formality.” (emphasis added) (citations and quotation marks omitted)
  • the Agency failed to adequately explain why certain materials were not considered to be reliable evidence
  • the Agency erred in applying the “reliable evidence” standard to its determination of whether ABA therapy was “medically or psychologically necessary” or “appropriate medical care”
  • the Agency failed to satisfactorily explain how its determination that ABA was educational rather than medical was rationally related to the evidence before it
  • the Agency did not properly apply its own regulations requiring a comparison of a contested treatment to “the standard means of treatment”
  • the Agency failed to give proper consideration to the statutory purpose

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Rovner, Sykes

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.