Klahn v. Astrue

Filing 28

ORDER that pursuant to the Ninth Circuit's Memorandum and Mandate, this matter is remanded to the ALJ for further consideration of Plaintiff's claim in light of Lounsburry. FURTHER ORDERED directing the Clerk of the Court to enter judgment accordingly. Signed by Magistrate Judge Michelle H Burns on 8/21/14. (MAP)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 ) ) ) Plaintiff, ) ) vs. ) Michael J. Astrue, Commissioner of the ) ) Social Security Administration, ) ) Defendant. ) Shirley K. Klahn, CIV 10-8201-PCT-MHB ORDER 15 On June 25, 2014, the United States Court of Appeals for the Ninth Circuit entered 16 its Memorandum and Mandate remanding this matter to the ALJ for further administrative 17 proceedings. Specifically, without addressing Plaintiff’s arguments challenging the ALJ’s 18 rulings finding her not fully credible and rejecting her doctors’ opinions about the extent of 19 her disability, the court found that the ALJ failed to address the Ninth Circuit’s holding in 20 Lounsburry v. Barnhart, 468 F.3d 1111 (9th Cir. 2006). Thus, the Ninth Circuit remands this 21 matter to the ALJ for further consideration of Plaintiff’s claim in light of Lounsburry. 22 Therefore, 23 IT IS ORDERED that pursuant to the Ninth Circuit’s Memorandum and Mandate, 24 this matter is remanded to the ALJ for further consideration of Plaintiff’s claim in light of 25 Lounsburry; 26 \\\ 27 \\\ 28 \\\ 1 2 3 IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment accordingly. DATED this 21st day of August, 2014. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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