(Download) "Bunnell V. Louis W. Sullivan Secretary Of Health And Human Services" by United States Court of Appeals for the Ninth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Bunnell V. Louis W. Sullivan Secretary Of Health And Human Services
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 01, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 85 KB
Description
We granted a rehearing en banc in Rice v. Sullivan, 912 F.2d 1076 (9th Cir. 1990), and Bunnell v. Sullivan, 912 F.2d 1149 (9th Cir. 1990), to determine the appropriate standard for evaluating subjective complaints of pain in Social Security disability cases. Bunnell v. Sullivan, 925 F.2d 1236 (9th Cir. 1991). We conclude the standard enunciated in Cotton v. Bowen, 799 F.2d 1403, 1407 (9th Cir. 1986), is a proper interpretation of the relevant law, and thus we overrule the concurring opinion in Bates v. Sullivan, 894 F.2d 1059 (9th Cir. 1990), which held to the contrary. Relying on the Bates concurrence, the Rice and Bunnell panels rejected the claimants' contentions that the administrative law judge ("ALJ") in each of their cases applied an erroneous standard to evaluate their pain. Accordingly, we remand both cases to the district courts for remand to the Secretary for a determination of the claimants' disabilities consistent with this opinion.