Legal Opinion · Dissent

Samuel Stephens, Jr. v. U.S. Railroad Retirement Board

Court of Appeals for the Ninth Circuit

Decided November 21, 2012No. 11-70649Published

1DissentM. Smith, Circuit Judge

The majority improperly reverses the United States Railroad Retirement Board’s (the RRB) decision in this case without giving appropriate weight to the deferential substantial evidence standard under which the agency’s decisions ought to be reviewed, or considering the claimant’s burden of proving disability. Controlling case law provides that the RRB’s decision will not be set aside “if it is supported by substantial evidence, is not arbitrary, and has a reasonable basis in law.” Akins v. U.S. R.R. Ret. Bd., 721 F.2d 652, 653 (9th Cir.1983). Under binding precedent, our review must be highly…

2Cases cited10 opinions

  1. Tackett v. ApfelCourt of Appeals for the Ninth Circuit · 1999
  2. The Lands Council v. McNairCourt of Appeals for the Ninth Circuit · 2008
  3. Metropolitan Stevedore Co. v. RamboSupreme Court of the United States · 1997
  4. Jon P. Dray v. Railroad Retirement BoardCourt of Appeals for the Seventh Circuit · 1993
  5. James L. Elzy v. Railroad Retirement BoardCourt of Appeals for the Fifth Circuit · 1986

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