Ballard v. Astrue

Ballard v. Astrue

Plaintiff:	Robert Charles Ballard
Defendant:	Michael J Astrue
Case Number:	2:2010cv01447
Filed:	September 20, 2010
Court:	US District Court for the Western District of Louisiana
Office:	Lake Charles Office
County:	Calcasieu
Presiding Judge:	James D Kirk
Presiding Judge:	Patricia Minaldi
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
July 22, 2013	Filing 23 MEMORANDUM ORDER re 15 Appeal of Magistrate Judge Decision of 13 Memorandum Ruling and 14 Order on Motion to Remand, is AFFIRMED. Signed by Judge Patricia Minaldi on 7/22/2013. (crt,Finn, P)
February 25, 2013	Filing 13 MEMORANDUM RULING re 10 MOTION to Remand filed by Michael J Astrue. Accordingly, IT IS ORDERED that the Commissioners decision should be VACATED and the matter REMANDED pursuant to the fourth sentence of 42 U.S.C. § 405(g). IT IS F URTHER ORDERED that, upon remand, the ALJ is instructed to comply with HALLEX I-2-5-78C and AR 91-1(5). The ALJ is directed to allow the plaintiff a supplemental hearing to further develop the record and to issue a subpoena for Dr. Bolwahnn so that p laintiff can cross examine him regarding his consultative examination report. The ALJ shall further evaluate plaintiffs mental impairments and residual functional capacity. Following the hearing,the ALJ is instructed to issue a new decision so that any ambiguity concerning whether the May 20, 2009, or September 15, 2009, decision is the actual decision of the Agency is resolved by the issuance of an entirely new decision. Signed by Magistrate Judge Kathleen Kay on 2/25/13. (crt,Kennedy, T)

Date Filed

Document Text

July 22, 2013

Filing 23 MEMORANDUM ORDER re 15 Appeal of Magistrate Judge Decision of 13 Memorandum Ruling and 14 Order on Motion to Remand, is AFFIRMED. Signed by Judge Patricia Minaldi on 7/22/2013. (crt,Finn, P)

February 25, 2013

Filing 13 MEMORANDUM RULING re 10 MOTION to Remand filed by Michael J Astrue. Accordingly, IT IS ORDERED that the Commissioners decision should be VACATED and the matter REMANDED pursuant to the fourth sentence of 42 U.S.C. § 405(g). IT IS F URTHER ORDERED that, upon remand, the ALJ is instructed to comply with HALLEX I-2-5-78C and AR 91-1(5). The ALJ is directed to allow the plaintiff a supplemental hearing to further develop the record and to issue a subpoena for Dr. Bolwahnn so that p laintiff can cross examine him regarding his consultative examination report. The ALJ shall further evaluate plaintiffs mental impairments and residual functional capacity. Following the hearing,the ALJ is instructed to issue a new decision so that any ambiguity concerning whether the May 20, 2009, or September 15, 2009, decision is the actual decision of the Agency is resolved by the issuance of an entirely new decision. Signed by Magistrate Judge Kathleen Kay on 2/25/13. (crt,Kennedy, T)

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Plaintiff: Robert Charles Ballard
Represented By:	James Spruel, Jr
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Defendant: Michael J Astrue
Represented By:	John A Broadwell
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