Betty L. Varney v. Secretary of Health and Human Services

In our first opinion in this case, Varney v. Secretary of Health and Human Services, 846 F.2d 581 (9th Cir.1988) {“Varney I”), we reversed the denial of Betty Var-ney’s application for social security disability benefits, and remanded her claim for further proceedings. Varney now presents us with a petition for rehearing in which she asks that we reconsider our remand order, adopt a rule followed by the Eleventh Circuit, and modify our order so as to require the immediate payment of benefits. We find Varney’s argument both important enough to consider for the first time on rehearing, and in most respects persuasive. Accordingly we grant her petition for rehearing and award her the modified relief she now seeks.

I. Summary of Prior Proceedings

The claimant, Betty Varney, applied for social security disability benefits on the basis of heart disease, the aftereffects of two heart attacks and cardiac bypass surgery, hypertension, headaches, and chronic back and neck strain. At the hearing on her application, she testified extensively regarding the severity of her pain. Varney I, 846 F.2d at 582 . According to the testimony of the vocational expert, if Varney actually experienced the…