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HAYES v. ASTRUE

No. 1:06CV00070.

488 F.Supp.2d 560 (2007)

Cathy H. HAYES, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

June 7, 2007.

Attorney(s) appearing for the Case

Deborah K. Garton, Hensley, Muth, Garton & Hayes, Bluefield, WV, for Plaintiff.

Sara Bugbee Winn, Assistant United States Attorney, Roanoke, VA, and Michael McGaughran, Regional Chief Counsel, and Anne von Scheven, Assistant Regional Counsel, Region III, Social Security Administration, Philadelphia, PA, for Defendant.

OPINION

JONES, Chief Judge.

In this social security case, I remand for further administrative consideration in light of new evidence based on the determination of disability in a subsequent application. The Commissioner found the claimant not disabled as of February 7, 2006. On a subsequent application, the Commissioner found her disabled as of February 8, 2006. I hold that this second determination constitutes new evidence justifying a remand.

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