United States Ninth Circuit

In a Social Security disability action, the required focus of a judicial review of the district court's remand of a Commissioner's finding of the lack of disability, is whether the Commissioner was substantially justified in the determination, rather than the accuracy of the ultimate disability determination.

Appellate Information

• Argued 06/04/2001
• Decided 03/01/2002
• Published 03/01/2002

Judges

• Before:  BROWNING, WALLACE, and T.G. NELSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Elie Halpern,Elie Halpern and Associates, Olympia, WA, and Ralph Wilborn, Ralph Wilborn & Etta L. Wilborn, P.C., Tucson, AZ, for the plaintiff-appellant.


• For Appellees:
  
• Vikash Chhagan, Assist. Reg. Counsel, Social Security Administration, Seattle, WA, and Brian C. Kipnis, Seattle, WA, for the defendant-appellee.