In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: relevant facts. See Mot. at 13-14. Defendant, too, claimed in its subsequent statement of the issues that this talk happened between April 1 and April 4 and cited the same supportive evidence to this effect. See SOF, ¶ 73 (citing Howe Dep. at 32:7-12, 34:12-19 and May 13, 2014, Howe Email). Because Marks never refuted this fact by offering his own statement of the issues, as required under Local Rule 7(h), the Court could thus consider WWL’s account admitted on this ground alone. See LCvR 7(h) (“[I]n determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to- the motion.”); Jackson, 101 F.3d at 153 (<HOLDING>). The Court, however, need not rest on this 
 Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding district court has complete discretion whether to treat facts as conceded where local rule is violated (C) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment (D) holding that the predecessor to local rule 561b3 provides the only acceptable means of  presenting additional facts to the district court (E) holding a district court has discretion under rule 55b2 once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action
[A]: (B)


[Q]: Dubé, who held a hearing on the summary judgment motions on December 11, 2003. On January 14, 2004, Judge Dubé issued his R & R, which recommended that Plaintiffs Motion for Summary Judgment be granted and that Defendant’s Motion be denied, thereby reversing the decision of the Appeals Council. Having received objections from both parties, the R & R is now ripe for consideration by this Court. Analysis The issues appealed from the Appeals Council are purely questions of law. Although a more restrictive standard of review applies if an appeal of a final decision of the Commissioner of Social Security is based on that decision’s factual findings, no presumption of validity attaches to the Commissioner’s conclusions of law. See Cornelius v. Sullivan, 936 F.2d 1143, 1145-46 (11th Cir.1991) (<HOLDING>). Therefore; the Court must conduct its own 
 Holding statements: (A) holding that although the district court was not required to discuss each of the factors on the record a decision to dismiss stands a better chance on appeal if the appellate court has the benefit of the district courts reasoning (B) holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted (C) holding the courts scope of review is  limited to determining whether the commissioner applied the correct legal standards and whether the record as a whole contains substantial evidence to support the commissioners findings of fact  (D) recognizing that when reviewing for clear error we usually must reverse if the district court applied incorrect legal standards to reach its findings (E) holding the district court can reverse the commissioners decision based on her failure to apply the correct law or to provide the reviewing court with sufficient reasoning for determining that the proper legal analysis has been conducted
[A]: (E)


[Q]: findings of the Administrative Law Judge (“ALJ”). Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir. 2002). Substantial evidence supports the ALJ’s decision. The ALJ determined that Avilez retained a residual functional capacity (“RFC”) to perform light work with an additional restriction: she could only stand or walk two hours out of an eight-hour work day. AR 16; see Moore v. Apfel, 216 F.3d 864, 869 (9th Cir. 2000) (finding that an RFC may deviate from the Commissioner’s Medical-Vocational Guideline grids “[w]hen the grids do not completely describe the claimant’s abilities and limitations”). Since the RFC fell between the categories of light and sedentary, the ALJ correctly decided to consult a vocational expert (“VE”) for expert testimony. AR 25; see, e.g., Thomas, 278 F.3d at 960 (<HOLDING>). The ALJ properly relied on the VE’s testimony 
 Holding statements: (A) holding that vocational expert testimony in response to a hypothetical can constitute substantial evidence of residual functional capacity (B) holding that vocational experts testimony that there were jobs claimant could perform constituted substantial evidence (C) holding that a vocational expert must be consulted when an rfc falls between two categories (D) holding that claimants pain should have formed a paxt of aljs question to vocational expert (E) holding that an alj is entitled to rely on vocational experts testimony that is based on assumptions that are supported by evidence in the record
[A]:
(C)