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VASQUEZ v. ASTRUE

No. 06-16817.

572 F.3d 586 (2008)

Priscilla VASQUEZ, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 5, 2008.

Amended July 8, 2009.

Attorney(s) appearing for the Case

James Hunt Miller, Oakland, CA, for the plaintiff-appellant.

John C. Cusker, Special Assistant United States Attorney, Office of the General Counsel, Social Security Administration, San Francisco, CA, for the defendant-appellee.

Opinion by Judge SELNA; Concurrence by Judge HAWKINS; Dissent by Judge O'SCANNLAIN.

ORDER AND AMENDED DISSENT

SELNA, District Judge:

ORDER

The opinion issued on November 5, 2008 is amended by inserting the following after the first paragraph of Judge O'Scannlain's dissent on page 15123, 2008 WL 4791860:

Subsequent to our decision in this case, the government petitioned for rehearing en banc, arguing that the crediting-as-true rule is invalid because it is contrary to both statute and Supreme Court precedent. Vasquez did...

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