What is the test for remanding a claim for disability benefits under the "credit as true" rule?
MultiRegion, United States of America
The following excerpt is from Dunn v. Berryhill, No. 2:17-cv-1791 DB (E.D. Cal. 2018):
After having found error, "'[t]he decision whether to remand a case for additional evidence, or simply to award benefits[,] is within the discretion of the court.'" Trevizo v. Berryhill, 871 F.3d 664, 682 (9th Cir. 2017) (quoting Sprague v. Bowen, 812 F.2d 1226, 1232 (9th Cir. 1987)). A case may be remanded under the "credit-as-true" rule for an award of benefits where:
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