Roxbury v. Commissioner, Social Security Administration , 431 F. App'x 597 ( 2011 )


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  •                                                                               FILED
    NOT FOR PUBLICATION                                MAY 06 2011
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                          U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    DIANE ROXBURY,                                   No. 10-35370
    Plaintiff - Appellant,            D.C. No. 6:08-cv-00951-HO
    v.
    MEMORANDUM*
    COMMISSIONER, SOCIAL
    SECURITY ADMINISTRATION,
    Defendant - Appellee.
    Appeal from the United States District Court
    for the District of Oregon
    Michael R. Hogan, District Judge, Presiding
    Submitted May 4, 2011**
    Portland, Oregon
    Before:        KOZINSKI, Chief Judge, BEA and IKUTA, Circuit Judges.
    The district court didn’t abuse its discretion in determining that Roxbury is
    not entitled to an immediate award of benefits because, even crediting the state
    doctors’ opinions as true, it’s not “clear from the record that the ALJ would be
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    page 2
    required to find the claimant disabled” given the state doctors’ conclusion that
    Roxbury had no limitations on handling or fingering. Smolen v. Chater, 
    80 F.3d 1273
    , 1292 (9th Cir. 1996). Moreover, there are “sufficient unanswered questions
    in the record that the district court’s determination to remand the case for further
    proceedings was not an abuse of discretion.” Harman v. Apfel, 
    211 F.3d 1172
    ,
    1180 (9th Cir. 2000); see also Strauss v. Comm’r of the Soc. Sec. Admin., No. 10-
    35139, 
    2011 WL 1108221
    , at *2 (9th Cir. Mar. 28, 2011).
    AFFIRMED.
    

Document Info

Docket Number: 10-35370

Citation Numbers: 431 F. App'x 597

Judges: Bea, Ikuta, Kozinski

Filed Date: 5/6/2011

Precedential Status: Non-Precedential

Modified Date: 8/3/2023