What is the legal test for remand under the "credit-as-true" rule for an award of benefits where there has been an error?
MultiRegion, United States of America
The following excerpt is from Lor v. Berryhill, No. 2:15-cv-1478 DB (E.D. Cal. 2017):
With error established, the court has the discretion to remand or reverse and award benefits. McAllister v. Sullivan, 888 F.2d 599, 603 (9th Cir. 1989). A case may be remanded under the "credit-as-true" rule for an award of benefits where:
Garrison v. Colvin, 759 F.3d 995, 1020 (9th Cir. 2014). Even where all the conditions for the "credit-as-true" rule are met, the court retains "flexibility to remand for further proceedings when
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