Harman v. Apfel

203 F.3d 1151, 2000 Cal. Daily Op. Serv. 1231, 2000 Daily Journal DAR 1765, 2000 U.S. App. LEXIS 2246, 2000 WL 177861
CourtCourt of Appeals for the Ninth Circuit
DecidedFebruary 17, 2000
DocketNo. 98-35780
StatusPublished
Cited by5 cases

This text of 203 F.3d 1151 (Harman v. Apfel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harman v. Apfel, 203 F.3d 1151, 2000 Cal. Daily Op. Serv. 1231, 2000 Daily Journal DAR 1765, 2000 U.S. App. LEXIS 2246, 2000 WL 177861 (9th Cir. 2000).

Opinion

FOGEL, District Judge:

Today we hold that when a district court remands a disability benefits case to the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g), its decisión whether such a remand is for further proceedings or for an immediate payment of benefits is reviewable for abuse of discretion rather than de novo. Applying that standard to the facts presented by this appeal, we conclude the district court did not abuse its discretion by remanding Appellant’s disability claim to the Social Security Administration for further proceedings rather, than for immediate payment of benefits, and we affirm the judgment of the district court.

I

A. Procedural History

Appellant applied for Title II Social Security disability insurance benefits and Title XVI Supplemental Security Income on April 20, 1994. After the denial of his initial application and denial upon reconsideration, Appellant was granted a hearing before an administrative law judge (the “ALJ”) on February 28, 1996. On June 25, 1996, the ALJ issued a Notice of Decision (“ALJ Decision”)' which found that Appellant was severely impaired but not disabled, and thereby not entitled to benefits, because he retained sufficient residual functional capacity to guard the gate “at a mill or plant” or assemble small products.2 On August 28, 1997, the Appeals Council denied Appellant’s request for review.

[1154]*1154On May 7, 1998, the district court reversed the ALJ Decision, identifying several errors, including, inter alia, the ALJ’s unjustified rejection of the testimony of Appellant’s treating physician, Dr. Fox.3 The district court remanded the matter for further proceedings so that the identified shortcomings of the ALJ Decision could be addressed. Appellant moved for amendment of the district court’s order, arguing that the court’s findings mandated an immediate award of benefits. The district court denied Appellant’s motion on July 7, 1998, and this appeal followed.

B. Appellant’s Disability

Appellant was born November 20, 1948. At the hearing before the ALJ, vocational expert Jenipher Gaffney classified Appellant’s past work experience as being that of a “carpenter, which is ... medium skilled work.” Appellant’s most recent employment, according to his own testimony at the hearing, was a job building “clean rooms” in an “electronic plant” in the spring of 1991. The job lasted about one month and terminated because the project was completed. Appellant claims that he has been disabled since March 1, 1991, a date which roughly coincides with the termination of his most recent employment.

Appellant’s impairment is described in the ALJ Decision as “a somatoform disorder, fibromyalgia and nocturnal myoclo-nus.” The ALJ goes on to note that “Mr. Harman’s impairments impose limitations on his ability to perform work-related functions and are ‘severe.’ ” According to Appellant, his impairments manifest themselves through a wide range of inconveniences which are difficult to forecast from one day to the next but which include the following: inability to achieve deep sleep due to the myoclonus (leg twitching); inability to sit in one place more than twenty minutes without suffering back pain and a “splitting headache”; inability to stand still for twenty minutes without incurring a “fair chance [of] fall[ing] upon trying to move”; inability to locomote without a cane or other support; and difficulty lifting, grasping and stooping. Appellant claims that about fifty percent of his days are “bad,” and that on bad days he “considers] it a significant accomplishment to make it from [his] bed to the toilet and back.”

II

Although it is settled law that a district court’s decision to affirm, reverse or modify a determination of the Social Security Administration is reviewed de novo on appeal, Ramirez v. Shalala, 8 F.3d 1449, 1451 (9th Cir.1993), the Social Security Act does not address explicitly the degree to which a court of appeals should defer to a district court’s separate and distinct decision in connection with such a determination to remand for further proceedings when the claimant has sought the more extensive relief of remand for immediate payment of benefits, nor has the issue been addressed in a published opinion in this circuit.4

“[W]hen ... the trial court determination is one for which neither a clear statutory prescription nor a historical tradition [1155]*1155exists, it is uncommonly difficult to derive from the pattern of appellate review of other questions an analytical framework that will yield the correct [standard of review].” Pierce v. Underwood, 487 U.S. 552, 558, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988). Here, the task of divining a fruitful analytical framework is particularly difficult because “other questions” (id.) which intuitively seem likely subjects for analogous appellate review have been addressed by the courts only rarely and, moreover, have yielded conflicting results.

We preface our analysis with the simple observation that “decisions by judges are traditionally divided into three categories, denominated questions of law (reviewable de novo), questions of fact (reviewable for clear error), and matters of discretion (reviewable for ‘abuse of discretion’).” Pierce, 487 U.S. at 558, 108 S.Ct. 2541. Here, Appellant contends that we should review the district court’s decision de novo because “[applicants for social security benefits are peculiarly in need of a full appellate review of the facts of their cases.” Farley v. Celebrezze, 315 F.2d 704, 705-06 (3d Cir.1963) (cited with approval in Stone v. Heckler, 761 F.2d 530, 531-32 (9th Cir.1985)). In support of his argument that the abuse of discretion standard should apply, the Commissioner notes that this Court previously has categorized as “discretionary” its own decisions concerning whether to remand cases for payment of benefits when denial of benefits is unsupported by substantial evidence. See, e.g., Swenson v. Sullivan, 876 F.2d 683, 689 (9th Cir.1989).

A. The Distinction Between De Novo Review and Review for Abuse of Discretion

In their treatise on federal standards of review, Childress and Davis suggest that the “abuse of discretion” label appears to “describef ] a range of appellate responses with varying degrees of deference handed down.” 1 Childress and Davis, Federal Standards of Review (hereinafter “Childress”) § 4.01, 4-13 (2d ed.1992).

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203 F.3d 1151, 2000 Cal. Daily Op. Serv. 1231, 2000 Daily Journal DAR 1765, 2000 U.S. App. LEXIS 2246, 2000 WL 177861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harman-v-apfel-ca9-2000.