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06-115 - Garcia v. Astrue


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06-115 - Garcia v. Astrue
March 13, 2008
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OPINION & ORDER Garcia's 15 MOTION for Judgment as to his request for a new hearing is GRANTED, Garcia's Motion for judgment as to his request for benefits is DENIED, the Commissioner's 16 Cross MOTION for Summary Judgment is DENIED, the Commissioner's decision is VACATED, and the cause is REMANDED for further consideration, consistent with this opinion. In particular, this matter is hereby REMANDED to the ALJ with instructions to obtain an updated medical opinion and to provide an adequate explanation in his decision with regards to whether Garcia's impairment(s) are equivalent to Listing 1.04, and in particular 1.04A.( Signed by Judge Micaela Alvarez ) Parties notified.(gsalinas)