Atkins v. Shalala, 94-35020

Decision Date22 November 1995
Docket NumberNo. 94-35020,94-35020
Citation61 F.3d 751
PartiesUnempl.Ins.Rep. (CCH) P 15084B, 95 Cal. Daily Op. Serv. 6293, 95 Daily Journal D.A.R. 10,700 Harold ATKINS, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health & Human Services, Defendant-Appellee.
CourtU.S. Court of Appeals — Ninth Circuit

Ralph Wilborn, Eugene, OR, for plaintiff-appellant.

Richard H. Wetmore, Asst. Regional Counsel, Dept. of Health & Human Services, Seattle, WA, for defendant-appellee.

Appeal from the United States District Court for the District of Oregon; Helen J. Frye, District Judge, Presiding.

Before: HUG, and FERGUSON, Circuit Judges, and SCHWARZER, * District Judge.

ORDER

We determine that the opinion of the district court, Atkins v. Shalala, 837 F.Supp. 318 (D.Or.1993), is correct in all aspects and it is adopted as the opinion of this Court.

The Judgment of the district court is affirmed.

AFFIRMED.

* Honorable William A. Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation.

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3 cases
  • Atkins v. Apfel
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • August 31, 1998
    ...that he was entitled to an outright award of benefits, rather than a remand. We affirmed the district court's decision. Atkins v. Shalala, 61 F.3d 751 (9th Cir.1995). Both parties filed petitions for rehearing. We denied the petitions, but modified the panel opinion, at the Commissioner's r......
  • Suchy v. Colvin, CV-14-00192-PHX-ESW
    • United States
    • U.S. District Court — District of Arizona
    • September 3, 2015
    ...an outright award of benefits, rather than a remand. The Ninth Circuit affirmed the decision of the district court. See Atkins v. Shalala, 61 F.3d 751 (9th Cir. 1995). After exhausting remedies, the plaintiff's position was not advanced by his appeal. Atkins, 154 F.3d at 987. In considering......
  • Atkins v. Apfel, Civ.A. 92-1650-FR.
    • United States
    • U.S. District Court — District of Oregon
    • April 22, 1999
    ...to the ALJ. On August 9, 1995, the Court of Appeals affirmed the decision of this court as "correct in all aspects." Atkins v. Shalala, 61 F.3d 751 (9th Cir.1995). After the Court of Appeals had affirmed the judgment entered by this court, Atkins sought an award of attorney fees and expense......

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