Rowland v. Commissioner of Social Security

Filing 20

ORDER Directing Supplemental Briefing: Each party is directed to submit its supplemental brief by 8/31/2011. If necessary, either or both parties may submit a response to the opposing party's brief by 9/9/2011. The matter shall then be deemed submitted for a decision. signed by Magistrate Judge Sandra M. Snyder on 8/17/2011. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TERRENCE ROWLAND,

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CASE NO. 1:10-cv-00917-SMS

Plaintiff,

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v.

ORDER DIRECTING
SUPPLEMENTAL BRIEFING

MICHAEL J. ASTRUE,
Commissioner of Social Security,

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Defendant.

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/

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Plaintiff has appealed the Commissioner’s denial of his August 2, 2005 application for
supplemental security income pursuant to Title XVI of the Social Security Act (42 U.S.C. § 301
et seq.) (the “Act”). Plaintiff was previously denied supplemental security income following his

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October 4, 2002 application for disability benefits and did not appeal the Commissioner’s
decision.

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The matter is currently before the Court on the parties’ cross-briefs, which were

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submitted, without oral argument, to the Honorable Sandra M. Snyder, United States Magistrate

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Judge. This Court hereby directs supplemental briefing addressing the whether the holding of

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Chavez v. Bowen, 844 F.2d 691, 693 (9th Cir. 1988), applies in this case, and if so, whether

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remand is necessary to permit the Commissioner to evaluate the 2005 application in light of his

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decision in the 2002 case.
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Each party is directed to submit its supplemental brief on or before August 31, 2011. If

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necessary, either or both parties may submit a response to the opposing party’s brief on or before

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September 9, 2011. The matter shall then be deemed submitted for decision pursuant to Local

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Rule 230(h) (Fed. R. Civ. P. 78).

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IT IS SO ORDERED.

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Dated:

August 17, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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