Angevine v. Commissioner of Social Security
Filing
34
ORDER REMANDING Case signed by Magistrate Judge Gary S. Austin on 12/17/2013. This case is remanded to the ALJ to complete an analysis of Plaintiff's mental impairments at step two consistent with the instructions outlined in the Memorandum issued by the Ninth Circuit Court of Appeals on October 16, 2013. (Marrujo, C)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
PAUL W. ANGEVINE,
12
13
14
15
16
17
18
19
09-cv-1496 GSA
Plaintiff,
v.
ORDER REMANDING CASE
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
On August 20, 2009, Plaintiff filed a complaint seeking a review of a final decision of the
Commissioner of Social Security (“Commissioner”) denying of his applications for disability
insurance benefits and supplemental security income benefits pursuant to Titles II and XVI of the
20
21
22
23
Social Security Act. (Doc. 1) On December 17, 2010, this Court issued an order and judgment
affirming the Commissioner’s decision. (Docs. 19 & 20).
Plaintiff timely filed an appeal with the Ninth Circuit Court of Appeals. (Docs. 23 and
24
25). On October 16, 2013, the Ninth Circuit Court of Appeals issued a Memorandum reversing
25
the judgment of this Court with instructions that the case be remanded to the ALJ for a proper
26
27
28
1
1
review of Plaintiff’s mental impairments.1 (Doc. 32). A mandate was issued on December 11,
2
2013. (Doc. 33).
3
Accordingly, this case is remanded to the ALJ to complete an analysis of Plaintiff’s
4
mental impairments at step two consistent with the instructions outlined in the Memorandum
5
6
issued by the Ninth Circuit Court of Appeals on October 16, 2013. (Doc. 32).
7
8
9
IT IS SO ORDERED.
10
11
12
Dated:
December 17, 2013
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
6i0kij8d
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
The Court of Appeals noted that Plaintiff’s arguments regarding his mental impairment had not been raised before
this Court, but permitted Plaintiff to raise the issue on appeal. (Doc. 52-1, pgs. 2-3).
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?