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April 7, 2011
CHARLOTTE JEAN LONG, PLAINTIFF,v.MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
Electronically Filed
I. Introduction
Plaintiff, Charlotte Jean Long ("Plaintiff", "Long"), brings this action pursuant to 42 U.S.C. § 405(g) of the Social Security Act (the "Act"), seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying her application supplemental security income ("SSI"). The parties have submitted Cross-Motions for Summary Judgment on the record developed at the administrative proceedings. For the following reasons, Plaintiff"s Motion for Summary Judgment (Doc. No. 9) will be denied. The Commissioner"s Motion for Summary Judgment (Doc. No. 7) will be granted and the administrative decision of the Commissioner will be affirmed.
II.Procedural History
Long protectively filed for SSI disability benefits in early 2008.*fn1 The application was denied by the state agency on August 29, 2008. R. 66-79. Long responded on September 4, 2008, by filing a timely request for an administrative hearing. R. 80-82. On November 13, 2009, an administrative hearing was held in Morgantown, West Virginia, before Administrative Law Judge ("ALJ") George Mills, III. R. 21-60. Long, who was represented by counsel, appeared and testified. R. 26-5. Timothy Mahler, an impartial vocational expert ("VE"), also testified. R. 50-55.
In a decision dated December 8, 2009, the ALJ determined that Long was not "disabled" within the meaning of the Act. R. 10-16. The Appeals Council denied Long"s request for review on October 5, 2010, thereby making the ALJ"s decision the final decision of the Commissioner in this case. R. 1-3.
Long commenced the present action on November 19, 2010, seeking judicial review of the Commissioner"s decision. Doc. No. 1. Long and the Commissioner filed Cross-Motions for Summary Judgment on March 21, 2011. Doc. Nos. 7 & 9. These Motions are the subject of this Memorandum Opinion.
III.Statement of the Case
In his decision, the ALJ made the following findings:
1. The claimant had not engaged in substantial gainful activity since January 25, 2008, the application date. 20 C.F.R. § 416.971 et seq.
2. The claimant had the following severe impairments: fibromyalgia; history of asthma/sarcoidosis; depression and OCD. 20 C.F.R. § 416.920(c).
3. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. §§ 416.920(d), 416.925, and 416.926).
4. After careful consideration of the entire record, the undersigned finds that the claimant had the residual functional capacity to perform light work as defined in 20 C.F.R. § 416.967(b); ability to switch positions from sitting to standing for 10 minutes every hour; occasional postural movement except no climbing ladders, roper, or scaffolds; avoid concentrated exposure to temperature extremes, airborne respiratory irritants, and workplace hazards; unskilled work; and no rapid production/quota work.
5. The claimant has no past relevant work within the past 15 years. 20 C.F.R. § 416.965.
6. The claimant was born on August 21, 1973, and is currently 36 years old, which is defined as a younger individual. 20 C.F.R. § 416.963.
7. The claimant has a least a high school education and is able to communicate in English.
8. Transferability of job skills is not an issue in this case because the claimant does not have past relevant work. 20 C.F.R. § 416.968.
9. Considering the claimant"s age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform. 20 C.F.R. § 416.969 and 416.969(a).
10. The claimant has not been under a disability, as defined in the Social Security Act, since January 25, 2008, the date the application was filed. 20 C.F.R. § 416.920(g).
IV.Standard of Review
This Court"s review is limited to determining whether the Commissioner"s decision is "supported by substantial evidence." 42 U.S.C. § 405(g); Adorno v. Shalala, 40 F.3d 43, 46 (3d Cir. 1994). The Court may not undertake a de novo review of the Commissioner"s decision or re-weigh the evidence of record. Monsour Medical Center v. Heckler, 806 F.2d 1185, 1190-1191 (3d Cir. 1986). Congress has clearly expressed its intention that "[t]he findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive." 42 U.S.C. § 405(g). Substantial evidence "does not mean a large or considerable amount of evidence, but rather such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Pierce v. Underwood, 487 U.S. 552, 565 (1988) (internal quotation marks omitted). As long as the Commissioner"s decision is supported by substantial evidence, it cannot be set aside even if this Court "would have decided the factual inquiry differently." Hartranft v. Apfel, 181 F.3d 358, 360 (3d Cir. 1999). "Overall, the substantial evidence standard is a deferential standard of review." Jones v. Barnhart, 364 F.3d 501, 503 (3d Cir. 2004).
In order to establish a disability under the Act, a claimant must demonstrate a "medically determinable basis for an impairment that prevents him [or her] from engaging in any "substantial gainful activity" for a statutory twelve-month period." Stunkard v. Secretary of Health & Human Services, 841 F.2d 57, 59 (3d Cir. 1988); Kangas v. Bowen, 823 F.2d 775, 777 (3d Cir. 1987); 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). A claimant is considered to be unable to engage in substantial gainful activity "only if his [or her] physical or mental impairment or impairments are of such severity that he [or she] is not only unable to do his [or her] previous work but cannot, considering his [or her] age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy." 42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B).
To support his or her ultimate findings, an administrative law judge must do more than simply state factual conclusions, he or she must make specific findings of fact. Stewart v. Sec'y of Health, Educ. & Welfare, 714 F.2d 287, 290 (3d Cir. 1983). The administrative law judge must consider all medical evidence contained in the record and provide adequate explanations for disregarding or rejecting evidence. Weir on Behalf of Weir v. Heckler, 734 F.2d 955, 961 (3d Cir. 1984); Cotter v. Harris, 642 F.2d 700, 705 (3d Cir. 1981).
The Social Security Administration ("SSA"), acting pursuant to its legislatively delegated rule making authority, has promulgated a five-step sequential evaluation process for the purpose of determining whether a claimant is "disabled" within the meaning of the Act. The United States Supreme Court has summarized this process as follows:
If at any step a finding of disability or non-disability can be made, the SSA will not review the claim further. At the first step, the agency will find non-disability unless the claimant shows that he is not working at a "substantial gainful activity."[20 C.F.R.] §§ 404.1520(b), 416.920(b). At step two, the SSA will find non-disability unless the claimant shows that he has a "severe impairment," defined as "any impairment or combination of impairments which significantly limits [the claimant"s] physical or mental ability to do basic work activities." §§ 404.1520(c), 416.920(c). At step three, the agency determines whether the impairment which enabled the claimant to survive step two is on the list of impairments presumed severe enough to render one disabled; if so, the claimant qualifies. §§ 404.1520(d), 416.920(d). If the claimant"s impairment is not on the list, the inquiry proceeds to step four, at which the SSA assesses whether the claimant can do his previous work; unless he shows that he cannot, he is determined not to be disabled. If the claimant survives the fourth stage, the fifth, and final, step requires the SSA to consider so-called "vocational factors" (the claimant"s age, education, and past work experience), and to determine whether the claimant is capable of performing other jobs existing in significant numbers in the national economy. §§ 404.1520(f), 404.1560(c), 416.920(f), 416.960(c). Barnhart v. Thomas, 540 U.S. 20, 24-25 (2003) (footnotes omitted).
In an action in which review of an administrative determination is sought, the agency"s decision cannot be affirmed on a ground other than that actually relied upon by the agency in making its decision. In Sec. & Exch. Comm'n v. Chenery Corp., 332 U.S. 194 (1947), the Supreme Court explained:
When the case was first here, we emphasized a simple but fundamental rule of administrative law. That rule is to the effect that a reviewing court, in dealing with a determination or judgment which an administrative agency alone is authorized to make, must judge the propriety of such action solely by the grounds invoked by the agency. If those grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis. To do so would propel the court into the domain which Congress has set aside exclusively for the administrative agency.
Chenery Corp., 332 U.S. at 196.
The United States Court of Appeals for the Third Circuit has recognized the applicability of this rule in the Social Security disability context. Fargnoli v. Massanari, 247 F.3d 34, 44, n. 7 (3d Cir. 2001). Thus, the Court"s review is limited to the four corners of the ALJ"s decision.It is on this standard that the Court has reviewed the parties" Cross-Motions for Summary Judgment.
In support of her Motion for Summary Judgment, Long argues that the ALJ failed to properly weigh her subjective complaints of pain that she suffers due to fibromyalgia. Doc. No. 10, 5. Specifically, Long contends that the ALJ discounted her subjective complaints of pain without taking into account that, by nature, no objective medical tests exist that can diagnose or evaluate the severity of her impairment. Id. The Commissioner contends that the ALJ properly considered Long"s physical impairments and credited her subjective complaints of functional limitations from fibromyalgia by reducing her residual functional capacity from a full range of heavy work to a range of light work that allowed for a sit/stand option for comfort. Doc. No. 8, 14. Therefore, the Commissioner argues that the ALJ"s decision is supported by substantial evidence. Doc. No. 8.
To understand Long"s argument, it is necessary to discuss the nature of fibromyalgia. *fn2
Fibromyalgia"s only symptoms are a history of widespread pain and pain in eleven of eighteen tender point sites on digital palpitation. The American College of Rheumatology, 1990 Criteria for the Classification of Fibromyalgia. It is "recognized by the typical pattern of diffuse fibromyalgia and non-rheumatic symptoms (e.g. poor sleep, anxiety, fatigue, irritable bowel symptoms), by exclusion of significant contributory or underlying diseases (e.g. generalized osteoarthritis, RA, polymyositis, polymyalgia rheumatic, other connective tissue disease), and by exclusion of psychogenic muscle pain and spasm." Merck Manual, pg. 481. As noted by Long, because fibromyalgia"s symptoms are entirely subjective, it presents difficulty in evaluating legal disability. Sarchet v. Chater, 78 F.3d 305, 306 (7th Cir. 1996).
Here, although Long"s physical impairment is one in which there is little possibility of objective medical support, it is clear from this Court"s review that the ALJ"s decision contains substantial evidence to support his decision that Long"s subjective complaints were significantly exaggerated. Long is correct that the ALJ"s decision would not have been supported by substantial evidence if the ALJ rejected her complaints of pain due to fibromyalgia solely due to the "lack [of] any objective support." Doc. No. 10, 6. This is because, as noted by Long, "there are no laboratory tests for the presence or severity of fibromyalgia." Sarchet, 78 F.3d at 306.
The ALJ supported his decision by citing the lack of objective support, not for Long"s fibromyalgia, but for her testimony that "she is only able to stand and/or walk for a few minutes, needs a cane, and can lift only a can of ravioli or a bag of chips." R. 13. As in Romaine v. Astrue, 2009 U.S. Dist. LEXIS 86600 (Sept. 22, 2009)(Diamond, J.), whose reasoning this Court finds persuasive, the ALJ found that Long suffered from a severe impairment of fibromyalgia, but rejected that she had the "extreme" functional limitations that she testified to.
A review of the record confirms that there is no medical evidence to support Long"s inability to stand and/or walk short distances or that she ever used a cane or could only lift very light objects. Indeed, notes from Dr. Seaman, Long"s rheumatologist, documented that during the course of treatment, she complained of "mild" and "diffuse" arthralgia/myalgia. R. 408, 410. In an examination report, Dr. Fagioletti noted that Long "complained of pain as "mild-to-moderate" to palpitation." R. 500. A physical residual functional capacity assessment completed by Dr. Juan B. Mari-Mayans also indicates that, although Long suffers from fibromyalgia, her ability to work is not completely prohibited by resulting functional limitations. R. 492.
The ALJ was not bound to accept Long"s alleged functional limitations just because fibromyalgia is difficult to assess, but was required to "give serious consideration to the claimant"s subjective complaints . . . . " Ventura v. Shalala, 55 F.3d 900, 903 (3d Cir. 1995) citing Mason v. Shalala, 994 F.2d 1058, 1067 (3d Cir. 1993). Here, the ALJ properly based his review of the record upon his weighing medical opinion evidence against Long"s alleged functional limitations. As discussed in Prokopick v. Commissioner of Social Security, 272 Fed. Appx. 196 (3d Cir. 2008)(not precedential), "under the regulations an ALJ may not base a finding of disability solely on a claimant"s statements about disabling pain; the ALJ must evaluate "the extent to which [a claimant"s] symptoms can reasonably be accepted as consistent with objective medical evidence and other evidence."" 20 C.F.R. § 404.1529(a). As in Prokopick, the ALJ "sufficiently explained his reasons for finding [claimant"s] complaints of pain overstated." Prokopick, 272 Fed. Appx. 196 at 199-200.
Indeed, the AJL not only found that Long"s fibromyalgia was a severe impairment, he also credited her alleged functional limitations to the extent that many of them were incorporated into her residual functional capacity assessment. R. 13. For example, Long was limited to light work jobs in which she was able to switch from sitting to standing for ten minutes every hour, she was limited to only occasional postural movements, concentrated exposure to temperature extremes, and workplace hazards; and restricted from climbing ladders, ropes, or scaffolds. R. 13. Based upon this residual functional capacity, the ALJ identified several occupations which Long would be capable of performing. R. 16.
The ALJ was also not required to accept Dr. Pollock"s opinion that Long "is disabled from the combination of her psychiatric diagnosis and her fibromyalgia." R. 521. It is clear from this Court"s review of the ALJ"s decision that serious consideration was given to Long"s alleged impairments, including Dr. Pollock"s opinion. The ALJ"s decision to reject such a finding because he believed it lacked objective support in the medical evidence of record was proper, in part, because such an opinion is not entitled to controlling weight and is an issue reserved solely for the Commissioner. 20 C.F.R. § 416.927(e), SSR 96-5p. It is clear from the ALJ"s decision that significant consideration was given to all aspects of Long"s medical record and therefore, this Court finds that the ALJ"s decision is based on substantial evidence.
In sum, the Court finds that the ALJ gave substantial consideration to Long"s subjective complaints of pain and difficulty walking, sitting, and lifting as a result of her fibromyalgia. The ALJ accepted Long"s diagnosis of fibromyalgia as a severe impairment and further incorporated many of Long"s alleged functional limitations in her residual functional capacity assessment. R. 13. The evidence as a whole does not support a finding that Long"s fibromyalgia results in limitations which preclude her from performing the representative occupations identified by the vocational expert and relied upon by the ALJ. Therefore, based on the ALJ"s thorough review of the record in this case, which involves an impairment which is particularly difficult in the disability context, this Court will affirm the ALJ"s decision because it is based upon substantial evidence.
An appropriate Order follows.
Arthur J. Schwab
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decided: June 15, 1979.
MICHAEL WHITTINGTON, PETITIONERv.COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT
Original jurisdiction in case of Michael Whittington v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole.
Michael Whittington, petitioner, for himself.
Robert A. Greevy, Assistant Attorney General, and Edward G. Biester, Jr., Acting Attorney General, for respondent.
President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers, Blatt, DiSalle, Craig and MacPhail. Opinion by Judge MacPhail.
[ 43 Pa. Commw. Page 409]
In this case, Michael Whittington (Whittington) alleges that a detainer lodged against him by the Pennsylvania Board of Probation and Parole (Board) should be quashed or vacated because of certain alleged procedural deficiencies. The Board has denied that it failed to conform to the law with respect to proceedings against Whittington. The matter is before us on cross motions for summary judgment. We are authorized by the provisions of Pa. R.C.P. No. 1035(b) to enter a judgment where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
Whittington claims he is entitled to relief because (1) he did not receive a preliminary (detention) hearing within 15 days of the date the Board lodged a parole violation warrant against him, (2) he did not receive a timely revocation hearing and (3) he was denied the effective assistance of counsel.
Parole revocation hearings were instituted against Whittington when he was arrested on December 23, 1976 in Delaware County on new charges while he was on parole and under the Board's jurisdiction. According to the Board's "New Matter" in its answer to Whittington's petition in the instant proceeding, a detention hearing was not held until February 3, 1977. Whittington contends and we agree that where the only violation charged is an arrest for a new criminal offense and the Board proceeds to a detention hearing, that hearing must be held within 15 days. The Board's own regulations at 37 Pa. Code § 71.3 prescribe the procedures to be followed in such cases. Specifically, Section 71.3(9) requires the Board to follow the same provisions as those set forth in Section 71.2(1) through (8) where a parole violation warrant is filed on the basis of the parolee's arrest for a new criminal offense
[ 43 Pa. Commw. Page 410]
and a detention hearing is held as prescribed by Section 71.3(1)(iv). Section 71.2(3) provides that a preliminary hearing mandated by Gagnon v. Scarpelli, 411 U.S. 778 (1973) "will be" held within 15 days of either the arrest of the parolee on the Board's warrant or the lodging of the Board's warrant as a detainer at the facility where the parolee is detained.
Obviously, the Board's detention hearing on February 3 was more than 15 days after the detainer was filed on December 23. The Board argues, however, that a hearing under the rules of criminal procedure was afforded to Whittington, thus obviating the need for the Board's own preliminary or detention hearing. Our Court has held that there is no necessity for the Board to conduct a preliminary hearing with respect to new criminal charges where the parolee has been arrested and given a preliminary hearing pursuant to Pa. R. Crim. P. 141 and has been held for trial. Johnston v. Pennsylvania Board of Probation and Parole, 34 Pa. Commonwealth Ct. 113, 383 A.2d 233 (1978). The Board has pled in New Matter before us that a preliminary hearing was held on January 26, 1977 at which hearing a prima facie case was established. This fact is not denied by Whittington in any subsequent pleading but in his brief, Whittington says he was given a criminal preliminary hearing on January 5, 1977. The Board in its brief contends that if Whittington was given a criminal preliminary hearing on January 5, then the 15 day limitation has been met.
Our problem, of course, is that the briefs are not pleadings and we are restricted to allegations in the pleadings in determining whether either motion for summary judgment should be granted. We do hold that Whittington was entitled to a preliminary or detention hearing within 15 days of the lodging of the Board's detainer and we further rule that if the Board
[ 43 Pa. Commw. Page 411]
relies upon a criminal preliminary hearing to satisfy the provisions of its own regulations, then that criminal preliminary hearing must also be held within that same 15 day period. Because we do not know for certain from the pleadings now before us when the criminal preliminary hearing was held, we cannot grant either motion for summary judgment.
We have no problem with Whittington's other contentions, however. Although he did not receive a full Board revocation hearing until March 9, 1978 which was more than 120 days from the date of his conviction on July 14, 1977, he was not transferred to a State Correctional Institution until December 2, 1977 and therefore was not available to the Board until that date. The hearing on March 9, 1978 therefore complies with the Board's own regulations in 37 Pa. Code § 71.4(2) and the mandates of Morrissey v. Brewer, 408 U.S. 471 (1972).
This Court has previously held that the Board is not required to furnish counsel to a parolee in revocation proceedings. Tate v. Pennsylvania Board of Probation and Parole, 40 Pa. Commonwealth Ct. 4, 396 A.2d 482 (1979).
Accordingly, except for the factual dispute concerning the date of the preliminary hearing in this case, we would grant the Board's motion. In view of that problem, the attached order will be entered.
And Now, this 15th day of June, 1979, the motions of Michael Whittington and the Pennsylvania Board of Probation and Parole for summary judgment are denied.
The Board is directed to file an affidavit with this Court within 10 days of this date setting forth the correct date of the criminal preliminary hearing afforded
[ 43 Pa. Commw. Page 412]
to the said Michael Whittington. Whittington may thereafter file a cross affidavit and both parties may then submit supplemental briefs to this Court, all of which shall be done within 30 days of this date.
Motions denied. Affidavits directed to be filed.
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Sharon Case Hosts An Evening With the Stars!
Thursday, January 16, 2014 2:08 PM EDT
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...My Dear Watson6/06/2016
Were you following along with me on Snapchat while I was over in the UK? Most of my snaps last week were just of what I ate or how I worked out because I didn't do as much while I was staying in Richmond Upon Thames. But I saved the best snaps for my weekend trips to Chelsea (Bywater Street), Bath and Stonehenge. I can't believe it took me three trips to England to finally make it to Stonehenge. Whatever you missed on Snap, you are sure to find on Instagram sooner or later.
23 musings
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text:
Would this be a good hot day activity?
Is this attraction pet friendly?
Would this be a good sunny day activity?
Would this be a good cold day activity?
Is this an outdoor attraction or activity?
Does this attraction provide visitors with a taste of the local culture?
Does this activity require advanced planning, ticketing or reservations?
Is this attraction a "must-see" location?
Is this attraction exciting, unusual, or risky to visit?
Is this location a solemn or serious place like a memorial, cemetary, etc.?
Thanks for helping!
I would definitely recommend If you're in Da Lat or planning to visit. The waterfall is pretty big and very pretty, and definitely more natural and untouched looking than the...
read more
Was a lovely ride with my scooter from dalat. Pretty easy to find as it's kind of next to the road.not much hiking at all however to reach the bottom of the fall is quiet hard../slippery- you gotta get rid of your shoes for a minute:) I went there early so barely bumped into people. I would recommend this waterfall...
The waterfall is beautiful but unfortunatelly there is a lot of trash, liter around it and you go pass it while approaching the view point :(
I would definitely recommend If you're in Da Lat or planning to visit. The waterfall is pretty big and very pretty, and definitely more natural and untouched looking than the Datanla falls.
As everyone says the climb down and around the waterfall is very slippery and dangerous at points. Well worth the effort though, I wouldn't visit the falls just...
Amazing strong waterfall! You can hike a little near the waterfall and find a place to chill.. If you are going by a scooter, go early before the travel tour arrive
The Dalat authorities should look into making the falls a little easier and safer to access. Most parts of the path to the falls were tricky and rather slippery, which is ok for younger folks but unsafe for older folks or people without proper footgear.
The mad scramble to the falls was worth the effort in the end as the...
The falls are quite impressive and beautiful. Make sure you were good sturdy enclosed footwear with good grip as the way to the falls can be quite challenging. Again, it's such a crying shame to see so much litter about. I only hope the VN people will one day wake up to what is happening and stop blatantly throwing garbage...
We were really surprised by the beauty of this place. The way to the falls is a little adventurous, because sometimes it's a bit slippery (there's only a handle you can hold yourself). But you can get right in front of the falls and the view ist just amazing.
Verry big waterfall in Dalat. It a must place to go if you love to see the beautifull nature in Da Lat.
The road to access the waterfall from Dalat is really beautiful, we rent motorbikes and it took us like 50min or so. The waterfall in itself is quite dirty but still worth it
We went here and decided to walk to the bottom so I could get some good photos. It is a very steep and slippery journey so make sure you are strong, able-bodied and have good sturdy shoes. Also make sure your camera is waterproof as there spray is huge.
Once at the bottom the view is blocked unless you step...
possible from airport and straight to elephant water fall?
any locker to keep for our backpack?
Hi Alex,
you say you rented mopeds to the falls. Was it easy enough to find your way, or did you have a guide?
See all questions


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The Great Fire of London in 1666.
BELL, Walter George.
• Terms • Ask a Question
Place Published: London
Publisher: John Lane The Bodley Head
Date Published: 1920
Description: Illustrated with 25 plates, 3 folding plans, and 13 text illus. 387pp. + ads. Thick 8vo, original gilt-stamped brown cloth with red inlay on cover (spine just a touch faded). London: John Lane, 1920. Second edition. Near fine.Binding: hardcover
Condition: near fine
Language: English
Type: Books
Book ID: 235205


text:
Rational Exchange
the progressive enterprise
Waste Exchanges are ..
How do social costs come about?
How do Social Costs hurt the planet?
How does Rational Exchange define "risk-free"?
What does an Exchange do?
How do Green Exchanges equitize assets?
How do Exchanges reduce debt and taxes?
How do Green Exchanges eliminate social division?
How does Exchanges eliminate poverty?
DEBT NOT REQUIRED ... debt is never rational and never moral but always a source of risk and risk is always the risk of conflict and waste. Eliminate waste and risk is also eliminated.
Exchanges eliminate joblessness and homelessness
Waste Exchanges eliminate joblessness and homelessness because these are sources of waste. Waste Exchanges create full employment and eliminate debt, interest payments and poverty because Waste Exchange systematically eliminate waste.
A Tirade Against Freedom.
Liberalism is a belief system centered on economic liberty and equal rights before the law but freedom based on the possession of property is not consistent with a life free of waste.
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What is Carbon Neutrality? click here
What is Democracy? click here
What is Money? click here
What is Trust? click here
What is Peace? click here
What is The Golden Rule? click here
What is Green? click here
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The Cultural Manifesto
What is culture? Culture is a way of life that methodically eliminates waste. There are good cultures and bad ones, there are cultures that are Green and sustainable and there are cultures that are doomed to expire in their own effluent. Waste is not consistent with culture and cultures we see that are disrespectful of the value of people and what they produce are cultures that are parasitic and doomed to fail if they have not already gone extinct.
We know there is a right way and a wrong way to live and we know waste does not make sense. We all know when resources are wasted. We know when our culture is enlightened and respectful of the contributions people make and when it is wasteful. Waste is wrong.
Right and wrong are defined by how we use what we have. Our moral character is expressed in the impact we have individually and collectively on the planet. Our actions create culture and progress or do not. The measure of right and wrong is the degree to which we waste or use the resources of the earth. This measure culminates in the formation or dissolution of culture.
The right way to live is enshrined in The Golden Rule. The Golden Rule states we are to do unto others as we would have them do unto ourselves. The Golden Rule adhered to creates culture. The Golden Rule eliminates waste. We prefer if others act so as not to impose costs onto us so we ought to act so as not to require others to pay costs we create.
Culture requires we act so as to not lower the equity value of earth.
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text:
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United States District Court, N.D. Illinois, Eastern Division
July 7, 2015
THOMAS TEPER, Plaintiff,v.CHICAGO TRANSIT AUTHORITY, Defendant.
MILTON I. SHADUR, Senior District Judge.
On April 29, 2015 the Chicago Transit Authority ("CTA") filed its Notice of Removal ("Notice") to bring from the Circuit Court of Cook County to this District Court an employment discrimination action brought against it by its employee Thomas Teper ("Teper"), asserting discrimination ascribable to his status as "Caucasian/White, Polish Extraction." Although this Court then followed its customary practice of scheduling an earlier initial status hearing in removed cases (where, by definition, both sides are already represented by counsel) than in cases initiated in the District Court (where time must be allowed for service of process, for the filing of appearances and for the defendant's filing of a responsive pleading), in this instance the case has simply lain fallow in the two-plus months since the Notice.
Until now the delay in moving forward has been agreed to by the litigants, based on the representation by Teper's counsel that he intended to file an Amended Complaint. In accordance with that agreement this Court granted leave on June 11 for Teper's counsel to do so by July 2. Now that counsel has requested, and CTA's counsel has agreed, that the filing date be extended to July 30, with CTA then to answer or otherwise plead by August 30. By that time fully four months will have elapsed since the filing of the Notice, which itself took place almost a month after the case was brought in the state court.
In consequence of the agreed-upon proposed second extension, which is scheduled for presentment on July 13, this Court has expended time and effort in wading through the extraordinarily bulky removal papers, a task that it had not anticipated undertaking until issue was joined between the parties. In a way that earlier examination of the papers has proved fortuitous, for it has revealed a basic flaw in the removal that calls for current action. To see why that is so, a brief recapitulation is in order as to what the removal papers that accompanied the notice (which itself occupies just a single page of text) comprise:
1. After two pages of Circuit Court summonses, the remaining 69 pages of attachments begin with a 21-page "Verified Complaint in Law (Tax & Miscellaneous Remedies)."
2. Next comes a three-page printed form Charge of Discrimination, filled out to reflect Teper's stated charges against CTA.
3. Attached to that printed form is a "Verified Complaint/Charges" that devotes fully 33 pages to a detailed narrative of Teper's multiple asserted grievances.
4. Finally, some 13 pages are devoted (a) to the Notice of Dismissal for Lack of Substantial Evidence authored by the Illinois Department of Human Rights (which is referred to in Teper's filing as "IDHR, " but is referred to in this opinion - perhaps because of this Court's general allergy to alphabet-soup shorthand - as "Department") and (b) to Department's Investigation Report detailing the basis for that dismissal.
As for Teper's Complaint itself, the operative document in this lawsuit, it advances three counts, respectively captioned "Violation of Human Rights Act (Racial Discrimination), " "Violation of Illinois Human Rights Act (National Origin Discrimination)" and "Racial and Ethnic/National Origin Harassment - Continuing Violation." Both of the first two counts, as their captions state, are grounded solely in claims under state law - not federal law. And although the third count bears no comparable label, the tipoff to its identical grounding is in its prayer for relief, with echoes the identical prayer that concludes each of the first two expressly-specified state law claims:
That Defendant paid to Plaintiff reasonable attorney fees and costs incurred as a result of the civil rights alleged herein pursuant to statute IHRA and Illinois caselaw.
Importantly, although the Complaint includes a few sidewise references to federal antidiscrimination laws, not one word is said in the Complaint that seeks any relief under those laws.
To turn next to the Charge of Discrimination, the top of that form lists both the "Illinois Department of Human Rights and EEOC, " but every one of the multiple statutory references in the space provided for listing "Cause of Discrimination Based On" is to a state law provision in 775 ILCS. Once again, not one of the Causes of Discrimination based on either "Race" or "National Origin/Ethnic" lists any federal statute.
As for the extended incident-detailed "Verified Complaint/Charges" attached to that printed form to spell out the particulars of Teper's charges, it opens with allegations identifying the parties and then continues with this jurisdictional statement in its Paragraph 4:
The Illinois Dept. of Human Rights ("IDHR") has jurisdiction over the Respondent, CTA, because the charges arise from Respondent's discriminatory conduct/behavior within the City of Chicago, County of Cook, Illinois. The discriminatory conduct/behavior relates to, without limitation:
(a) Racial discrimination leveled against Thomas Teper (Complainant - Charging Party) in violation of 775 ILCS 5/1-102(A); 5/1-103(Q); 5/2-101(A); (B), (G), and (H); and 5/2-102(A).
That paragraph is echoed in Paragraph 10, which cites other provisions of 775 ILCS as having been violated by CTA's alleged national-origin discrimination. Once again those jurisdictional allegations make no reference at all to federal antidiscriminination legislation.
To be sure, a couple of paragraphs in that last-referred-to document did advert to a number of federal authorities, but once again the relief sought was framed solely in state law terms. And of course it should be reemphasized that when push came to shove - that is, when Teper and his counsel turned to the courts for judicial relief - the Complaint that Teper brought to the Circuit Court and that CTA has sought to transport to this District Court has spoken solely in state law terms, with no relief being sought under federal law. As Justice Holmes said just over a century ago in The Fair v. Kohler Die & Specialty Co., 228 U.S. 22, 25 (1913):
Of course the party who brings a suit is master to decide what law he will rely upon and therefore does determine whether he will bring a "suit arising under"... [any] law of the United States by his declaration or bill. In sum, the CTA was unjustified in seeking to tease out a federally-based claim from a
Complaint that looks solely to state law for relief. Teper's counsel chose otherwise, and that decision controls the jurisdictional inquiry. This Court therefore holds that this District Court lacks subject matter jurisdiction, so that this action must be remanded pursuant to 28 U.S.C. § 1447(c).[1] In accordance with that section's mandate this action is ordered remanded to its place of origin in the Circuit Court of Cook County. To enable the litigants to go about their business (including action on their agreement for further delay, which the remand order carries with it for resolution by the Circuit Court), the Clerk of this District Court is ordered to mail the certified copy of the order of remand to the Clerk of the Circuit Court forthwith.[2]
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Moretown, VT Rent to Own Homes
|12 Listings Found
setting! Sale lease back opportunity. Huge Price Reduction! Located in a beautiful rural setting
1673 Main St, Waitsfield, VT, 05673Details »
. This luxury, never leased South Village lies just off the ski gain access to trail below Lower Snowball
35 The Cliffs Rd, Warren, VT, 05674Details »
? Configured as a 2 or 3 beds, you'll love the monthly rent checks! Easy to switch it back to a single family
5 Taplin St 1936 Square, Montpelier, VT, 05602Details »
of building. Plenty of parking. Minutes to Village and Stowe Mountain Resort! Owner-occupy and rent one
2090 Pucker St, Stowe, VT, 05672Details »
for a 500 SF primitive cabin; no other structures enabled. Seller approximates crop yields at thirteen lots
New Haven, VT, 05472Details »
RENT IN VERMONT! Custom design home on ten acres available for long-term rent. Just ten minutes
New Haven, VT, 05472Details »
Fully leased building with 6 units apartment building on North Ave in Burlington VT 4 2 Beds units
1036 North Avenue, Burlington, VT, 05408Details »
own entry, kitchen, full size bathroom, and laundry. You could rent this apartment for $1,100/month
104 Rivers Edge Dr, Burlington, VT, 05408Details »
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text:
- Product Description
Teacher Timesaver!
This exciting resource in the Shades of Aqua color scheme is a complete classroom word wall set. Just print and display in your classroom. Title Pennants, alphabet headers, and all the Dolch words (pre-primer through third grade) are already done for you. There is even an editable file so you can add the words specific to your curriculum!
File Includes:
- Title Pennants that Spell Out "Word Wall"
- Alphabet Headers (Circle)
- Complete Dolch Words Set –Labeled (pre-primer through third grade)
- Editable Slides (with Powerpoint) for Easy Customization
If you need custom color combinations, contact me: [email protected]
Be sure to check out my other Color Combos Word Wall resources. More coming soon!
- Ask The Seller
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- About the Seller
Dee is a 1st grade teacher, and the creator of Over the MoonBow educational resources and classroom materials. Visit her at http://overthemoonbow.com/ or on Facebook page at https://www.facebook.com/pages/Over-the-MoonBow/191026047622491


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Neoprene Fabric- where to buy?!
Hi All, long time Burda Member, first time blog poster!
I am planning a new dress and i would like to use Neoprene (white). I was wondering if anyone has purchased this before, and where, it seems difficult to find! I am in Australia, happy to purchase online. Its been on the runway a lot recently, so it has to be out there, i just cant find it!
Any help would be much appreciated!
5 Posts Sign in to add a post
Feb 19, 2013, 03.45 PMby sewingfan1
Have you come across any other names for it? Never heard of it myself. I found this http://compare.ebay.co.uk/like/181056314580?var=lv&ltyp=AllFixedPriceItemTypes&var=sbar&adtype=pla&crdt=0 but not sure if that's what you mean
Feb 20, 2013, 09.24 AMby natski
It's basically wetsuit material or scuba- like i said its been very popular on the runway lately with lavin and Versace etc, but finding it hard to obtain!
1 Reply
Feb 20, 2013, 09.03 PMby sewingfan1
http://www.rhnuttall.co.uk this company sells it and exports too. There seemed to be other companies if you type wet suit fabric for sale in google
Feb 23, 2013, 04.45 AMby purplefan
I remembered that a sewing book mentioned outdoor fabric stores and this one is in Calgary, Alberta in Canada. Sadly, no white neoprene is showing but maybe that zebra print works for you?http://www.peakfabrics.com/fabric/shell-fabrics/neoprene
Found a foam vendor (in California, USA) selling Neoprene. http://www.foamorder.com/neoprene.html#colors A fabric store in Seattle, Washington USA also carries Neoprene:http://www.seattlefabrics.com/neoprene.html
Found a lead in Australia for you!http://www.linkron.com.au/product_category.php?catId=5&subCatDiv=6
Feb 23, 2013, 09.58 AMby Amanda Janke
I saw some neoprene on tessuti-shop.com (Australian shop) but can't remember if they had white.
Feb 6, 2014, 06.34 AMby Alex Yarally
Try onlinefabricstore.com, they have a fabric that says scuba double knit.
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Angel Fit Baby Elephant Shoes - Cream/Blue
In Stock - Dispatch in 1 - 2 business days This product is ready to ship from our North Melbourne warehouse. Expect dispatch in 1 - 2 business days.
Limit per customer: 5
Angel Fit's adorable footwear will put the finishing touches on any little person's outfit. Available in a range of colours, designs and sizes these baby shoes will have your baby stomping, strutting and wobbling in style. This pair come in cream and blue leather with a super cute elephant design, elasticated cuff and suede sole.
Available in baby sizing - see size chart for correct fit!
- Angel Fit
- For babies
- Style: Elephant
- Colour: Cream/Blue
- Materials:
- Leather upper
- Suede sole
- Elasticated cuff
- Stitched leather elephant design
- Shoe width: N/A


text:
Download apps, toolboxes, and other File Exchange content using Add-On Explorer in MATLAB.
Join the 15-year community celebration.
Play games and win prizes!
Rate this file 15 Downloads (last 30 days) File Size: 1.67 KB File ID: #25326 Version: 1.1
IEEE 754 binary representation
15 Sep 2009 (Updated 31 Oct 2013)
Converts a double into its underlying 64-bit representation, including sign, exponent, and mantissa.


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Need a Hepatitis B Titer in Purcellville, VA? Simply order online 24/7 and get a fast, affordable Hepatitis B Titer at a lab near you (Find More Locations):
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Badtz-Maru 8" Plush: Gift
Item # 74384-201511
A super soft velour like polyester material gives this high quality Badtz-Maru 8 inch plush a special touch. Makes a perfect gift!
Product Details:
- 8"H x 6"W x 4"D
- 100% Polyester
- Sitting pose plush toy
- Embroidered details
- This product is not machine washable. Wipe clean with damp cloth and air dry
- Weight: 4.7 oz
- All Sanrio.com products are specialty items. Quantities are limited
Product Reviews
0.0 Rating reviewed by 0 customers


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text: Apple has released 7.6.2, and "Usual Apple update lingo shows that this update fixes some bugs in order 'to improve stability and performance.' " Now my question is one that others may have: update? It's probably a sort of prep for 1.2 (or 2.0) in my opinion. I'll stay at iTunes 7.6.1 for now, and see what the DevTeam says about it. If there are any other reliable sources that can tell me if I should update or not. or now, though, I would recommend that you don't update if you'd like to "pwn" your firmware. You never know what Apple is going to do to stop hackers from doing their stuff Please Register or Log in to view images


text: So I was at Ross and found a iPhone 3g sylicone case for sale for 2 dollars with screen protecter. So I buy it. I was wondering if it will fit my ipod touch 2g reasonably. The reason I ask is because when I get it I wont be able to put a screen protector on it for another week, and i wont get a case till 2 weeks later probably. I know the back scratched easily, because every other ipod i have had, the back had the tiny scratches on the first week atleast. So anyways, will this case do until I can get a real one for it? Thanks


text:
Nicholas Kirkwood
Suede Sling Back Pumps
Out of stock
Unfortunately this item is out of stock
Red suede sling back pumps with cut out front from Nicholas Kirkwood. Pointed toe. Adjustable sing back strap. Suede covered heel. Leather lined. Cushioned leather insole.
Designer Style ID: 303
Farfetch ID: 10498254
- Composition:
- Leather 60%
- Composition:
- Suede 40%
One shipping fee, on multiple pieces, from multiple locations.
No matter how many items you purchase, or where in the world you order from, you will only pay one fee.
Click here to find out more about our shipping options, including Click & Collect and Same Day Delivery.
Free returns pick-up
We offer free global returns.
You have 14 days from receiving your order to return the item. We strongly recommend that you book your free returns pick-up within 7 days of receiving your order to ensure that it arrives back in time. Click here to read our full returns policy.
Import duties information
Delivery duties are included in the item price when shipping to all EU countries plus USA, Canada, China, Australia, Puerto Rico, Switzerland, Singapore, Republic Of Korea, Kuwait, Mexico, Qatar, India, Norway, Saudi Arabia, Taiwan, Thailand, U.A.E., Japan. This means all import duties are included in your order. The price you see is the price you pay.
Delivery duties are not included in the item price when shipping to all other countries. This means you may be liable to pay import duties on receipt of your order.
Regularly lending his architectural vision to creations for fashion designers' runway shows, Nicholas Kirkwood's own line takes his vision to the next level, his use of opulent colours and materials proving a hit with the high-heeled set.


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Vortek Pistol .50 cal Reaper Buck Camo/CeraKote with 1-4x24 scope
Save $149 with this special! Only 3 left!
Designed after the performance-proven Vortek™ Muzzleloader Rifle, The new Vortek™ Pistol will add a new dimension of shooting for the blackpowder enthusiast. The break-open action with the Accelerator Breech Plug™ makes this rifle easy to shoot and clean! Now the Vortek™ Pistol is available with synthetic grips which make this pistol extra durable. Whether you are at the range punching holes in targets or looking to add a new element to your hunting experience, the Vortek™ Pistol can deliver!
This pistol comes with a 1-4x24 matte black scope mounted and boresighted by a factory trained technician. Also has Reaper Buck camo grip and forend. This pistol does not come with sights.
Factory Seconds:
Are you looking for a great deal on the top muzzleloaders in the industry? Take a look at Traditions Factory Seconds. Our Factory Seconds are the same great quality you can count on with a brand new Traditions firearm, but they may have a small blemish in the finish, a scratch or dent, or may have been one of our test fire guns that we used at the range. All of these guns are in perfect working condition and carry the limited lifetime warranty that Traditions offers with its brand new firearms. Supplies are limited to what we have on hand and all of these firearms have been inspected and tested by our factory trained gunsmiths. What a great way to own the best and pay a lot less!
Item # P1-151178-02
WARNING: Black powder firearms cannot be shipped to New Jersey, New York City, Illinois, Michigan, or Canada. For all other states, please review your state and local laws before ordering
Vortek™ Pistol Features:
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- 13" Ultralight Tapered Barrel with Premium CeraKote Finish
- Synthetic Grips
- LT-1 Alloy Frame with Premium CeraKote Finish
- Speed Load System - for easy loading and more consistent groups
- Dual Safety System - rebounding hammer and trigger block safeties
- Soft Touch Camo Stocks
- 1:28" Twist Rifling
- Extended Ambidextrous Hammer Extension
- Drilled and Tapped for a Scope
- Solid Aluminum Ramrod
- Weighs 3.25 pounds
- Max Charge 70 Grains


text:
Rubbish New Skin Petition!
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Hello, everybody. As you may know, almost EVERYONE hates the new skin. That's why I think we should all sign this petition, all in favour?
To sign just
either comment below and say "Yep." or sign at the end of my blog with your signature:
BloomPurple11-Fire Arrow 15:08, October 23, 2010 (UTC)


text:
Power Levels - Douriki
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What do you think that are the powers levels of the StrawHats Pirates? For comparing I will use Douriki.
In Enies Lobby Arc Rob Luci had the most douriki(4000). I think that Luffy had the same level of douriki since he had no power left after he defeated Luci. Or maybe just a little more Douriki.
At the end of Marineford Arc I think that Luffy's level is about 5500, maybe 6000. -> after reuniting :-O OVEEER 9000! ... for real
Maybe you can give some numbers for the rest of the Straw Hats...


text:
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[Sports] Dempsey to miss Sounders game due to irregular heartbeat - Washington Times
"Seattle Sounders and U.S. national team forward Clint Dempsey will miss Sunday's MLS match against Portland as he undergoes evaluations for an irregular heartbeat.", www.washingtontimes.com
[Sports] Seattle and USA striker Clint Dempsey sidelined with irregular heartbeat | Football | The Guardian
"USA striker will miss World Cup qualifiers in September but there is no immediate timetable for his return to action", www.theguardian.com
[Sports] Sounders FC's Clint Dempsey to undergo evaluations for irregular heartbeat | Q13 FOX News
"Sounders FC's Clint Dempsey to undergo evaluations for irregular heartbeat | Q13 FOX News", q13fox.com
[Sports] Soccer Star Clint Dempsey Sidelined for 'Irregular Heartbeat' - Bellevue, WA Patch
"Bellevue, WA - The U.S. national team and Seattle Sounders star won't play against the Portland Timbers on Sunday.", patch.com
[Sports] Van Genechten wins Vuelta 7th stage, Contador crashes - HeraldCourier.com: Sports
"PUEBLA DE SANABRIA, Spain (AP) — Jonas Van Genechten of Belgium sprinted to win the Spanish Vuelta's seventh stage on Friday after Alberto Contador crashed near the finish line.", www.heraldcourier.com
[Sports] Dempsey to miss Sounders game due to irregular heartbeat | WTOP
"Dempsey to miss Sounders game due to irregular heartbeat | WTOP", wtop.com
[Sports] Dempsey being evaluated for irregular heartbeat, won't play Sunday | FourFourTwo
"Clint Dempsey will miss the Seattle Sounders' match against the Portland Timbers as he gets medical evaluation.", www.fourfourtwo.com
[Sports] Clint Dempsey sidelined, will not play for USMNT due to irregular heartbeat | FOX Sports
"The Sounders' star striker will miss time for club and country.", www.foxsports.com
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Sweet Corn Pancakes
Total Time
Prep 20 mins
Cook 0 mins
I was looking for a different way to serve corn and found this traditional Canadian recipe on-line. These easy to make pancakes combine the wonderful taste of the sweet corn with a great crispy texture. Enjoy.
Ingredients Nutrition
- 6 eggs, separated
- 1⁄4 cup half-and-half
- 1 tablespoon sour cream
- 1⁄3 cup flour
- 1 teaspoon baking soda
- 1 teaspoon baking powder
- 1⁄2 cup corn (fresh or frozen corn kernels can be used)
- vegetable oil
- Beat the egg whites until they hold soft peaks when the beaters are lifted up.
- In another bowl, combine the egg yolks, half-and-half, and sour cream.
- Gradually add the dry ingredients to the egg yolk mixture. Add the beaten egg whites, using a gentle stirring motion to combine them with the yolk mixture.
- Add the corn and stir gently. Pour a small amount of oil into a non-stick pan and heat it over medium heat. Drop batter, about 1 tablespoon at a time, into the pan for each pancake and cook until golden brown on each side. Serve with butter if desired.
Most Helpful
Oh yummy. I recently had sweet corn pancakes in a restaurant and I had to try this recipe when I saw it. These are so good and easy to make. They were great for a different type of snack! Made for ZWT4 Family Picks for the Tastebud Tickling Travellers.


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Mike Schmidt Signed Signature Model Flame treated Adirondack Bat w/ HOF 95 Inscrip.( JSA Holo)
$439.98with case
$299.99without case
Baseball Hall of Famer Mike Schmidt has personally hand-signed this bat.
- Inscribed HOF 95
- 100% Guaranteed Authentic
- Includes Steiner Sports Certificate of Authenticity
- Features Tamper-Evident Steiner Hologram
- Perfect Collector's Item


text:
3 Bedrooms Semi Detached House for sale
Located just off the dudnrum road this semi detached house is very well presented and has gardens to the front and rear. to the side there is an integral garage. the property is within…
3 Bedrooms Terraced House for sale
Located off castlewellan road this terrace property is within easy walking distance to town and would be of particular interest to an investment purchaser or first time buyer.
Free Instant Valuation
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text:
OWC Mercury Helios PCIe Thunderbolt Expansion Chassis
Following on the heels of mLogic's mLink, OWC's Mercury Helios PCIe Thunderbolt Expansion Chassis ($349) has arrived as a less expensive alternative in a slightly less attractive package. They both achieve the same end: any Thunderbolt-equipped Mac can use a half-length PCIe card that was formerly compatible only with the Mac Pro. PCIe cards can be used for everything from flash storage to video capture, enabling Mac Minis and iMacs to serve as professional-class workstations.
There are a few key differences between the two companies' enclosures. We prefer the industrial design of mLink, but Mercury Helios is $50 less expensive. The latter doesn't have a power button; instead, it turns on and off automatically with your Mac. They both have a pair of Thunderbolt ports on the back, allowing you to daisy-chain multiple devices. It's nice to know there are a pair of good options on the market for those who need expandability accessories.
Recent News
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April 14, 2014
Autocar is recalling 4,100 model year 2008-2014 ACX, WX, and WXLL vehicles manufactured July 30, 2007, through Feb.10, 2014, and equipped with certain Cummins Westport Model ISL G or ISX12 G engines, which are powered by natural gas..
Condensation in the intake manifold may freeze during cold weather conditions and interfere with the proper operation of the intake manifold pressure sensor, according to the National Highway Traffic Safety Administration. The improper operation of the sensor could induce elevated exhaust temperatures or flames from the exhaust pipe, increasing the risk of a vehicle fire or burn injury to a person near the exhaust pipe.
Autocar's number for this recall is A-1402.
The recall also extends to a handful of Autocar 2014 Xpert trucks manufactured Nov. 7, 2013, through Jan. 13, 2014 and 2010-2014 Auto Xspotter vehicles manufactured Nov. 23, 2009, through Oct. 21, 2013, all equipped with Cummins Westport Model ISL G and ISX12 G engines.
Autocar's number for the Xpert trucks is M-1404. For the Xspotter it is T-1403.
This is the same problem that led to a recall of other trucks from the makers Daimler and Paccar that were equipped with the same model engines.
Cummins and Cummins Westport will notify owners, and authorized Cummins service facilities will upload a new electronic control module calibration, free of charge. The recall is expected to begin May 1.
Owners may contact Autocar at 1-765-489-5499 or Cummins Inc. at 1-800-343-7357.
We offer e-newsletters that deliver targeted news and information for the entire fleet industry.
The expert, Shawn Whitacre from Chevron Delo, will answer your questions
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text:
Chevrolet Suburban 2500 Problems
RepairPal has identified the most common problems with the Chevrolet Suburban 2500 as reported by actual vehicle owners. We'll tell you what the problem is and what it'll take to fix it.Refine by vehicle
The fuel pump may fail causing the engine to stall and not restart.
It is common for the fuel level sensor in the fuel tank read the fuel level incorrectly. The sensor must be replaced to correct the condition. Our technicians recommend having the complete fuel pump module replaced on high mileage vehicles.
Our technicians recommend flushing the brake fluid every 60,000 miles. Brake fluid that is dirty may cause problems in the brake system.
A rattling noise may develop from the AC belt tensioner. This can be caused by an internal fault with the AC compressor, AC performance may also be diminished when this occurs. Our technicians tell us that replacing the AC compressor will commonly correct this concern.
A dirty throttle body may cause a lower than normal idle and possible stalling condition. Performing a throttle body service will commonly correct this concern.
The muffler heat shield may become loose on the muffler causing a rattle or popping noise. Our technicians tell us there is a kit available from GM to correct this problem.
Acid may leak from the battery at the cable connections, resulting in corrosion on the battery cable ends and in the battery tray. A Leaking battery should be replaced and the cables thoroughly cleaned or replaced if necessary.
A poor electrical ground under the battery tray may cause the ABS warning light to illuminate. Our technicians tell us that cleaning and properly securing this ground and also the main ABS ground on the frame rail below the drivers door may be necessary.
The anti-lock brake system (ABS) pump may stay running after the ignition is turned off causing the battery to go dead. Our technicians tell us that the ABS control module should be replaced to correct this fault.
One or both secondary air injection check valves may become restricted causing poor air flow resulting in illumination of the Check Engine Light. It is often recommend to replace both check valves even if a fault code is set for only one bank of cylinders. Replacing only one valve may result in a return trip to the repair shop.
The alternator may fail causing the battery to go dead, or an abnormal noise may develop. The dash warning light may or may not illuminate. A failed alternator will require replacement.
The engine idle may be lower than normal due to deposits built up on the throttle body, which can restrict air flow at idle. To low of an engine idle can result in a stalling condition. Performing a throttle body service will generally correct this concern.
A burning smell may develop due to an oil leak form one or both valve cover gaskets. Resealing the valve cover will generally correct this concern. However, the valve covers should be inspected and replaced if damaged.
On the 4L80-E Transmission (Diesel and 7.4L gas engine), Transmission fluid may leak through the electrical connector on the side of the transmission, damaging the wire harness and causing the transmission to shift erratically. Our technicians tell us there are updated shift solenoids, an internal transmission harness, and a connector pigtail available to correct this fault.