Kathryn L. Benecke v. Jo Anne B. Barnhart, Commissioner of Social Security Administration

Bad Law
379 F.3d 587·2004 WL 1770096·2004 U.S. App. LEXIS 16350
United States Court of Appeals for the Ninth CircuitAugust 9, 200403-15155California3,714 words

Opinion

Opinion

Fletcher, J.

Plaintiff-Appellant Kathryn L. Benecke appeals a decision of the district court remanding to the Social Security Administration (SSA) for additional administrative proceedings instead of an immediate award of disability insurance benefits. Because there are no outstanding issues that must be resolved and it is clear from the record that Benecke is entitled to benefits, we reverse and remand to the district court with instructions to remand to the Commissioner for an award of benefits.

I. BACKGROUND

Benecke suffers from fibromyalgia, previously called fibrositis, a rheumatic disease that causes inflammation of the fibrous connective tissue components of muscles, tendons, ligaments, and other tissue. See, e.g., Lang v. Long-Term Disability Plan of Sponsor Applied Remote Tech, Inc., 125 F.3d 794 , 796 (9th Cir.1997); Brosnahan v. Barnhart, 336 F.3d 671 , 672 n. 1 (8th Cir.2003). Corn- mon symptoms, all of which Benecke experiences, include chronic pain throughout the body, multiple tender points, fatigue, stiffness, and a pattern of sleep disturbance that can exacerbate the cycle of pain and fatigue associated with this disease. See Brosnahan, 336 F.3d at 672 n. 1; Cline v.…

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