Schnautz

Schnautz v. Barnhart

Good Law
94 F. App'x 525
United States Court of Appeals for the Ninth CircuitMarch 29, 2004No. 03-15363California616 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff-Appellant Eric J. Schnautz appeals an order of the district court reversing the decision of the Commissioner of Social Security denying him disability insurance benefits but remanding for additional administrative proceedings. We conclude that the district court abused its discretion by remanding for further administrative proceedings instead of remanding for an award of benefits. Accordingly, we reverse and remand to the district court with instructions to remand to the Commissioner of Social Security for an immediate award of benefits. Because the parties are familiar with the facts, we *526 recite them only as necessary to explain our decision.

We review the district court’s decision whether to remand for further proceedings or for an award of benefits for an abuse of disci'etion. Harman v. Apfel, 211 F.3d 1172, 1178 (9th Cir.2000). The district court should credit evidence rejected during the administrative process and remand for an immediate award of benefits where (1) the ALJ failed to provide legally sufficient reasons for rejecting the evidence; (2) there are no outstanding issues that must be resolved before a determination of disability can be…

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