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HARMAN v. APFEL

No. 98-35780.

203 F.3d 1151 (2000)

Halray HARMAN, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of the Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 17, 2000

Attorney(s) appearing for the Case

Tim Wilborn, Tucson, Arizona, for the plaintiff-appellant.

Victoria Blais, Assistant Regional Counsel, Social Security Administration, Seattle, Washington, for the defendant-appellee.

Before: CANBY and T. G. NELSON, Circuit Judges, and FOGEL, District Judge.

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 decision 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...

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