IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 21, 2008
DARIN L. FRISBIE, PLAINTIFF,
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
The opinion of the court was delivered by: Gregory G. Hollows U.S. Magistrate Judge
Presently before the court are the parties' cross-motions for summary judgment. The medical record contains a notation regarding an office visit dated October 10, 2005, that plaintiff won $1.2 million in the lottery since the last office visit. (Tr. at 280.)
Accordingly, IT IS ORDERED that within five days of this order plaintiff shall file a declaration stating whether this notation is true, and if so, whether he will be withdrawing his SSI application. If plaintiff does not intend to proceed with his DIB application only, he shall explain why not.
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