Phillips v. Commissioner of Social Security

Filing 31

ORDER REMANDING CASE to the Social Security Administration for Further Consideration, signed by Magistrate Judge Erica P. Grosjean on 10/15/15: The Clerk of Court is DIRECTED to close this case. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANNA MARIE PHILLIPS,

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Plaintiff,

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v.

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ORDER REMANDING CASE TO THE
SOCIAL SECURITY ADMINISTRATION
FOR FURTHER CONSIDERATION

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Case No. 1:11-cv-01928-EPG

On November 18, 2011, Plaintiff filed a complaint seeking review of a final decision of
the Commissioner of Social Security (“Commissioner”) denying her application for disability
insurance benefits pursuant to Title II of the Social Security Act. (ECF No. 1.) On November 20,

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2012, this Court issued an order and judgment affirming the Commissioner’s decision. (ECF Nos.
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Plaintiff timely filed an appeal with the Ninth Circuit Court of Appeals. (ECF No. 23.) On

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August 18, 2015, the Ninth Circuit Court of Appeals issued a Memorandum vacating the

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judgment of this Court with instructions that the case be remanded to the Social Security

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Administration for further consideration. (ECF No. 27.) A mandate was issued on October 14,

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2015. (ECF No. 30.)
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Accordingly, IT IS HEREBY ORDERED that:

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1) This case is REMANDED to the Social Security Administration to complete an

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analysis of: (a) evidence of Plaintiff’s addiction to prescription drugs; and (b) the

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opinion of treating physician Dr. Dumitru, consistent with the instructions outlined in
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the Memorandum issued by the Ninth Circuit Court of Appeals on August 18, 2015.

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(ECF No. 27); and,

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2) The Clerk of the Court is DIRECTED to close this case.

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IT IS SO ORDERED.

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Dated:

October 15, 2015

/s/ Erica P. Grosjean

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UNITED STATES MAGISTRATE JUDGE

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