Opinion
No. 2:09-cv-2697 CKD
11-05-2013
MARC EILRICH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
By mandate of the United States Court of Appeals for the Ninth Circuit, filed November 4, 2013, this matter was reversed and remanded. ECF Nos. 37, 39. The appellate court concluded that the ALJ should reconsider, with the benefit of new evidence regarding an exploratory laparoscopy performed on plaintiff in October 2010, whether plaintiff's impairment was "severe" within the meaning of the Social Security regulations prior to the expiration of his disability coverage in 2002. This matter will therefore be remanded under sentence six of 42 U.S.C. § 405(g) for consideration of the new evidence.
The new evidence was submitted in connection with plaintiff's reply on the cross-motions for summary judgment. ECF Nos. 25, 27.
--------
Accordingly, IT IS HEREBY ORDERED that:
1. Sandra Eilrich is substituted in as plaintiff.
2. Robert Weems, Weems Law Offices, 769 Center Blvd., PMB 38, Fairfax, CA 94930 415-259-0294, email: rcweems@weemslawoffices.com, is substituted in as counsel of record for plaintiff.
3. This matter is remanded to the Commissioner for further proceedings consistent with the mandate of the United States Court of Appeals for the Ninth Circuit.
________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE