David Joyal v. Secretary, Department of Health and Human Services

37 F.3d 1505 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David JOYAL, Plaintiff-Appellant, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. No. 92-36931. United States Court of Appeals, Ninth Circuit. Submitted July 15, 1994. * Decided Sept. 23, 1994. Before: TANG, FERGUSON and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 David E. Joyal appeals the district court's order reversing the Secretary of Health and Human Services' final order and remanding for further evidence and findings. Joyal argues that the record is completely developed and supports an award of benefits, and therefore, remanding for further evidence and findings would simply delay receipt of benefits. In so arguing, he urges the adoption of the Eleventh Circuit rule that where the Secretary has ignored or failed to properly refute a treating physician's opinion, the opinion is accepted as true as a matter of law. We reverse and remand for an award of benefits. I. 3 Joyal filed an…