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Tomas v. Rubin
Citations: 935 F.2d 1555; 1991 WL 115078Docket: No. 90-15201
Court: Court of Appeals for the Ninth Circuit; July 2, 1991; Federal Appellate Court
The court issued an order clarifying its opinion in Tomas v. Rubin, 926 F.2d 906 (9th Cir. 1991), in response to appellees' motion for rehearing. The court established that a new standard for evaluating Tomas' cooperation was articulated, which had not been previously utilized by the relevant Agencies. Emphasizing the Agencies’ interests in applying their expertise and correcting errors, the court determined it was appropriate to allow the Agencies to reassess the initial cooperation determination based on this clarified standard. If the new determination is unfavorable to Tomas, she retains the right to pursue administrative and state court remedies under Hawaii law or to reapply for benefits with any new evidence of cooperation that may have emerged. The court will not entertain any further motions for reconsideration, and the mandate will be issued upon this order’s filing. The petition for rehearing has been denied.