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07-095 - GREEN v. BARNHART

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07-095 - GREEN v. BARNHART
August 20, 2008
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MEMORANDUM OPINION AND RECOMMENDED RULING - MAGISTRATE JUDGE signed by MAG/JUDGE RUSSELL A. ELIASON on 8/20/08 re 10 MOTION for Judgment on the Pleadings filed by BENNIE GREEN be granted in part and denied in part, 12 MOTION for Judgment on the Pleadings filed by MICHAEL J. ASTRUE be denied, and that this matter be resubmitted to the Commissioner for further review upon this Court's finding that Plaintiffs back pain constitutes a severe impairment pursuant to step two of the regulations, see 20 C.F.R. ยง 404.1520, and further that during that reconsideration, that Plaintiff's 1997 MRI be allowed to be submitted into evidence for consideration. (Wilson, JoAnne)