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Rhodes v Astrue

July 28, 2009

VIRGIL W. RHODES, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT,



The opinion of the court was delivered by: The Honorable John A. Mendez United States District Court Judge

ORDER

Plaintiff filed this action pursuant to 42 U.S.C. § 405(g) of the Social Security Act for judicial review of a final decision of the Commissioner of Social Security, denying his application for benefits. On August 19, 1999, this Court entered an order remanding this case pursuant to 42 U.S.C. § 405(g), sentence six for further administrative proceedings because the cassette tape on the hearing held on May 5, 1998, was blank. On remand, in a decision dated March 29, 2000, the Commissioner issued a fully favorable decision awarding Plaintiff benefits.

The Court orders as follows:

IT IS ORDERED that Judgment is hereby entered in favor of Plaintiff, affirming the March 29, 2000, post-remand, final decision of the Commissioner of Social Security.

IT IS HEREBY ADJUDGED that the decision of Defendant, the Commissioner of Social Security, awarding Plaintiff disability benefits, is affirmed.

20090728

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