Herron v. Astrue

Filing 53

ORDER REMANDING CASE TO THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION PURSUANT TO THE NINTH CIRCUIT COURT OF APPEAL'S ORDER DATED DECEMBER 22, 2010 1 , 48 . Signed by JUDGE HELEN GILLMOR on 5/11/2011. ~ This matter is hereby REMANDED to the Commissioner of Social Security to proceed as required by the Ninth Circuit Court of Appeals Order filed December 22, 2010. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 5/12/2011

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
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Plaintiff,
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vs.
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MICHAEL J. ASTRUE, Commissioner )
of Social Security,
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Defendant.
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JAMES Y. HERRON,

Civ. No. 07-00623 HG-LK

ORDER REMANDING CASE TO THE COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION PURSUANT TO THE NINTH CIRCUIT COURT
OF APPEAL’S ORDER DATED DECEMBER 22, 2010
On February 22, 2005, Plaintiff James Y. Herron filed an
application for Social Security Disability Insurance Benefits.
On March 7, 2005, Plaintiff’s application was denied.
On October 26, 2007, the Appeals Council for the Social
Security Administration denied further review of Plaintiff’s
application and rendered a final administrative decision by the
Commissioner of Social Security.
On December 27, 2007, Plaintiff sought judicial review of
the Commissioner of Social Security’s final decision to deny
Plaintiff Social Security Disability Benefits in this Court
pursuant to 42 U.S.C. § 405(g). (Doc. 1.)
On June 20, 2008, Plaintiff filed a Motion For Summary
Adjudication (Doc. 15.)
On February 19, 2009, the Magistrate Judge filed “FINDINGS
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AND RECOMMENDATION TO DENY PLAINTIFF’S MOTION FOR SUMMARY
ADJUDICATION” (Doc. 31).
On June 12, 2009, the Court filed an “ORDER ADOPTING
MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATION, (DOC. 31), AS
MODIFIED, TO DENY PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION”
(Doc. 35).
On August 24, 2009, Plaintiff filed “NOTICE OF APPEAL” to
the Ninth Circuit Court of Appeals.

(Doc. 37.)

On December 22, 2010, the Ninth Circuit Court of Appeals
filed an order reversing this Court’s Order dated June 12, 2009.
The Ninth Circuit Court of Appeals remanded the case to this
Court with instructions to:
[R]emand to the Commissioner for a determination of
whether, in light of the above conclusions, Herron has
the residual functional capacity to perform his past
relevant work as actually performed and/or generally
performed in the national economy, and if not, whether
he can perform other substantial gainful work in the
national economy.
On April 11, 2011, the Ninth Circuit Court of Appeals filed
a formal mandate.

(Doc. 51.)

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This matter is hereby REMANDED to the Commissioner of Social
Security to proceed as required by the Ninth Circuit Court of
Appeals Order filed December 22, 2010.
IT IS SO ORDERED.
DATED: May 11, 2011, Honolulu, Hawaii.

/S/ Helen Gillmor
Helen Gillmor
United States District Judge

Herron v. Astrue, Civ. No. 07-00623 HG-LK; ORDER REMANDING CASE
TO THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION
PURSUANT TO THE NINTH CIRCUIT COURT OF APPEAL’S ORDER DATED
DECEMBER 22, 2010.

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