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07-180 - Borders v. SSA


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07-180 - Borders v. SSA
July 9, 2008
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MEMORANDUM OPINION: The undersigned concludes that the administrative decision must be reversed and the action remanded to the Commissioner for further consideration of Borders's mental condition. Therefore, the court must grant the plaintiff's summary judgment motion in so far as such relief is achieved and deny that of the defendant. A separate judgment and order will be entered simultaneously consistent with this opinion. Signed by Judge G. Wix Unthank on 7/9/08.(MCB)cc: COR w/NOE
July 9, 2008
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ORDER: IT IS HEREBY ORDERED that: (1) the Plas Mtn for SJ 6 is GRANTED only in so far as it seeks a determination that the Commissioners decision is not fully supported by substantial evidence; (2) the Dft's Mtn for SJ 7 is DENIED only in so far as it seeks a determination that the Commissioners decision was fully supported by substantial evidence; (3) all other pending motions, if any, are MOOT; and (4) the administrative decision will accordingly be REVERSED and REMANDED for further administrative consideration by separate Judgment entered this same date. Signed by Judge G. Wix Unthank on 7/9/08. (MCB)cc: CORw/NOE
July 9, 2008
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JUDGMENT: IT IS HEREBY ORDERED AND ADJUDGED that: 1) the administrative decision is REVERSED and REMANDED for further consideration pursuant to Sentence Four of 42 U.S.C. ยง 405(g). (2) the above-styled action is STRICKEN from this Court's active docket. Signed by Judge G. Wix Unthank on 7/9/08.(MCB)cc: COR w/NOE