Schable

Schable v. Commissioner of Social Security

Good Law
99 F. App'x 801
United States Court of Appeals for the Ninth CircuitMay 24, 2004No. 03-35121California496 words

Opinion

Lead Opinion

MEMORANDUM ***

Jason M. Schable appeals the final order of the district court remanding this action to the Commissioner of the Social Security Administration for further administrative proceedings pursuant to 42 U.S.C. § 405 (g). We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s order of remand to the Social Security Administration for abuse of discretion, Bunnell v. Barnhart, 336 F.3d 1112, 1114 (9th Cir.2003), and we affirm.

“[T]he decision of a trial court is reversed under the abuse of discretion standard only when the appellate court is convinced firmly that the reviewed decision lies beyond the pale of reasonable justification under the circumstances.” Harman v. Apfel, 211 F.3d 1172, 1175 (9th Cir.), cert. denied, 531 U.S. 1038 , 121 S.Ct. 628 , 148 L.Ed.2d 537 (2000) (citation omitted).

Because the parties are familiar with the facts, we briefly restate only the facts necessary for this decision. Schable alleged disability due to the combined impairments of a shoulder injury, a learning disability, and severe headaches. After his applications were denied upon initial review and reconsideration, Schable timely requested a hearing before the…

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