United States Ninth Circuit

In plaintiff's appeal from the denial of Social Security benefits, the order is reversed where the ALJ had no duty to request more information from the two treating physicians who testified, but the ALJ's failure to help plaintiff develop the record by putting his VA disability determination into the record was "good cause" under Tonapetyan, and the disability determination is "material" under McCartey, so a remand was required.

Appellate Information

• Decided 12/16/2010
• Published 12/16/2010

Judges

• Andrew J. Kleinfeld

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paul B. Eaglin, Jennifer Randall