Legal Opinion
Leon v. Berryhill
Court of Appeals for the Ninth Circuit
Decided November 7, 2017No. 15-15277PublishedCited by 23 opinions
1Opinion of the Court
OPINION
WALLACE, Circuit Judge:
The credit-as-true analysis has evolved in our circuit over time, thus providing a challenge for application by the district court. The rule itself permits, but does not require, a direct award of benefits on review but only where the administrative law judge (ALJ) has not provided sufficient reasoning for rejecting testimony .and there are no outstanding issues on which further proceedings in the administrative court would be useful. Then, and only under these circumstances, if a claimant’s testimony is credited as true an award of benefits may be appropriate.…
2Cases cited13 opinions
- Karen Garrison v. Carolyn W. ColvinCourt of Appeals for the Ninth Circuit · 2014
- Smolen v. ChaterCourt of Appeals for the Ninth Circuit · 1996
- Lingenfelter v. AstrueCourt of Appeals for the Ninth Circuit · 2007
- Treichler v. Commissioner of Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2014
- Kim Brown-Hunter v. Carolyn W. ColvinCourt of Appeals for the Ninth Circuit · 2015
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Ken M. ex rel. Berry M. v. BerryhillDistrict Court, W.D. Washington · 2018
- Ambrose v. KijakaziDistrict Court, S.D. California · 2023
- Cohen v. SaulDistrict Court, D. Nevada · 2022
- Devincent Batalona v. BerryhillDistrict Court, D. Nevada · 2020
- Dora R.S. v. Martin O’Malley, Acting Commissioner of Social SecurityDistrict Court, S.D. California · 2024
18 more not listed; retrieve them via the Exa API.