Legal Opinion

Istre v. Apfel

Court of Appeals for the Fifth Circuit

Decided April 13, 2000No. 99-30136PublishedCited by 36 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Elmo Istre appeals an order of the district court remanding his disability-benefits claim for further consideration by the Social Security Appeals Council. Because we agree with Istre that the remand comported with neither type of remand approved by the Social Security Act, we vacate and remand to the district court for further consideration.

I

Istre applied for supplemental security income disability benefits. An administrative law judge (“ALJ”) determined that Istre suffers from chronic obstructive lung disease and chronic lower back pain, which are severe…

2Cases cited6 opinions

  1. Shalala v. SchaeferSupreme Court of the United States · 1993
  2. Melkonyan v. SullivanSupreme Court of the United States · 1991
  3. Gregory Luna v. United States Department of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1991
  4. Marjorie FRIZZELL, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary, Department of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1991
  5. John C. Bertrand v. Louis W. Sullivan, M.D., Secretary, Department of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1992

1 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Krishnan, Narayanan v. Barnhart, Jo Anne B.Court of Appeals for the D.C. Circuit · 2003
  2. Bordelon v. BarnhartCourt of Appeals for the Fifth Circuit · 2005
  3. Janet Davis v. Carolyn Colvin, Acting CmsnrCourt of Appeals for the Fifth Circuit · 2015
  4. Barrientoz v. MassanariDistrict Court, W.D. Texas · 2002
  5. Locke v. MassanariDistrict Court, S.D. Texas · 2001

31 more not listed; retrieve them via the Exa API.

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