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05-134 - Fueston v. Barnhart

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05-134 - Fueston v. Barnhart
November 18, 2008
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REPORT AND RECOMMENDATIONS re 25 MOTION to Affirm the Commissioner's Decision filed by Jo Anne B. Barnhart, 3 Complaint filed by David L. Johnson, Sean D. Frazier, Dan Benally, Jim Benally, Helen Cly, Jake C. Pelt, Fred Johnson. The Court recommends that this case be remanded to the ALJ for additional proceedings and the Commissioner's motion to affirm be denied. Magistrate Judge Brooke C. Wells no longer assigned to case. Objections to R&R due by 12/3/2008. Signed by Magistrate Judge Brooke C. Wells on 11/18/2008. (rlr)
December 9, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 35 Report and Recommendations, 25 Motion to Affirm filed by Jo Anne B. Barnhart. The Court ADOPTS the Report and Recommendation and DENIES the Commissioner's motion to affirm. The case is REMANDED to the ALJ for additional proceedings. Case Closed. Signed by Judge Dee Benson on 12/9/2008. (rlr)