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Rhodes v Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


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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