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Input Voltage 100 - 240 Vac or 24Vdc*1
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Fixture info. 330 x358 x13mm, 6.7
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Published date: September 27, 2013 -
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VisaPro Services
RS3,50,000 To 6,50,000Hyderabad
Visapro Web Designers Will: -Provide Mock-Ups And Prototypes Of Web Sites Based On Collaboration With Project Managers, Marketing Analysts, Etc -Design A Variety Of Digital Media Utilizing Multimedia Software, And Create Fresh And Dynamic Conce...
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Website Developer and Designer ( 1 yrs)
SK Career Empowerment Consultancy (SK Group)
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Is this an outdoor attraction or activity?
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Thanks for helping!
I wish every airport had something like this. Time flies as you stroll past the paintings. Amazing and educational!
I have been to this museum several times, and always have different feeling about the art -amazing pictures of Rembrandt, Vermeer, etc.
Had a great visit here. Loved seeing rembrandt and van goghs up close. Art from many different dutch periods. Great place to go on a rainy day such as this. Some old jewellry and weapons displays were cool as well.
Most reviews are about the "Rijksmuseum" in Amsterdam city, not the small museum at the airport. This afternoon I was just landed at schiphol airport and tried to find the museum but this museum ( at the airport ) was closed since about one and half year ago, so don't waste your time to find this museum. They plan to...
The Rijksmuseum has greatly been modernized since my last trip a long time ago. Most of the people who go there want to see Rembrandt's Night Watchmen. It has facilities for the handicapped and parking. From the parking area, you take the lift up to the street level and it is a short walk to the entrance of the museum....
This review is for the Rijksmuseum mini gallery at Schiphol airport. It's perfectly set with rotating displays for travelers who are connecting at the airport but don't have the ability to get the the Rijksmuseum downtown. We love this place. Great gallery with lots of nice gifts and mementos. The gallery is up stairs from the gift shop. The paintings...
The scale of some of the pieces is stagering, the detail fantastic. The best in my opinion was the building itself.
Our guide, Steven, brought this place to life and made viewing the highlights of the extensive collection manageable. My visit was a start and I will return on my next stay in Amsterdam.
Such a well organised museum! We had got the audio guide downloaded on the phone, the museum had wi-fi connection and we faced no problem connecting the audio guide to wi-fi.
Forget almost all the pictures you see here. These are taken at the real Rijksmuseum in Amsterdam, which is of course a good reason to visit Amsterdam. At Schiphol airport between pier E and F you can see a selection of about 10 masterpieces from the Rijksmuseum. It is clear you cannot expect the highlights, but still it is very...
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Newsy Staff / Andrew Lawler
Could Republicans Still Dump Trump? Sure, But It'd Be A Hot Mess
With so many people talking about the possibility, we thought an explainer was in order.By Eugene Daniels | August 11, 2016
Getting rid of Donald Trump at this point is basically impossible.
But some people keep asking, and a recent poll showed a lot of voters want him out. So we thought we'd answer: Yes, there is actually a way to replace a Republican nominee between now and the general election.
SEE MORE: Donald Trump Jokes About Heaven While Praying For The Evangelical Vote
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Explora Reais Santiago, Reais Concheiro e outros!
Concheiro de Montard: Casas Reais - Thisispaper Magazine
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"Bonjour from #Paris! First stop: coffee at the recently opened @fsparrows. Follow along this week as we tour the city of light #LonnyTravels"
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interior of "2 Houses & 2 Studios" / designed by RAUM (photo by Audrey Cerdan)
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| INTERIORS | White interior of the House W-DR by Fraux & Baeyens architecten. all in the details - love the flush detailing #interiors #details


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Part of the show Safety at 40,000 Feet
Wilf James asked:
I keep hearing on the news about the search for the lost Malaysian aeroplane and the fact that its "black box" will soon run out of battery power so that it won't be able to send out any more "beeps" that are needed to locate the plane's wreckage.
So how do black boxes work and how will this obstacle be overcome in the future?
The boxes themselves aren't actually very clever. In fact, your smartphone will have a much higher memory capacity than a black box. However, would you expect to be able to read your emails on your phone if you just hold it at a wall at 400 miles an hour, crushed it under 2,000 kilograms, fried it under 1100 degrees centigrade for an hour and then baked it in your oven for 10 hours, and then for a good measure, dropped it in the sea?
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This is probably a really dumb question, but if the location of my cell phone can be tracked, why doesn't every plane have a satellite tracking system so you'd at least know when and where it went down? cheryl j, Thu, 17th Apr 2014
MA370 had a number of unique circumstances allowing the plane to be "lost".
One of the books I read long ago was "30 Seconds over Tokyo", about the Doolittle Raid.
I can readily think of two ways to better help.
I could imagine hitting a button every few minutes would be a pain.
Evidence suggests that all the tracking comms on MH370 were intentionally disabled, incuding one (ACARS) that doesn't have an "off" switch but only a circuit breaker. No reason to suspect explosion or other malfunction, just pilot choice.
If one has real time monitoring, then the "dead-man" switch is redundant. MH370 disappeared because it made an odd turn and either disabled or otherwise lost function of its communication equipment. Real time monitoring would have either detected it "vanishing", or been able to better track its movements and alert authorities that the course didn't make any sense (no matter if someone was pushing a switch or not).
Yes, and for several very good reasons. Most importantly, lack of capture by strong signals in adjacent channels, and the ability of the ground station to "stamp on" a distant aircraft in order to talk to a nearby one - it's the guy nearest the airport who needs priority service, and the 200W ground station is issuing orders which must be obeyed whilst the rest of us with 5W airborne are passing the time of day.


text:
Catherine Russell
Catherine Russell is that rarest of entities, a genuine jazz and blues singer who can sing virtually anything. Her voice is full blown femininity incarnate; a dusky, stalwart and soulful instrument that radiates interpretive power yet remains touchingly vulnerable. She launches fearlessly into each tune, getting inside the melody and capturing every emotion. Whether she's shimmying through a barrel-house stomper, channeling fifties R&B, dragging her weary heart through a torchy juke joint number, or kicking up her heels honky tonk style, Ms. Russell can stand comparison to her greatest fore bearersRead more
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her phrasing is impeccable and her delivery relaxed and effortless...highly-recommended. (Karen Hogg/AllAboutJazz-New York)
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Missouri Theatre
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|7:00 pm


text: I currently have a 3GS w/o a data plan on ATT, and I got some people on Craigslist who would buy my iPhone for $350 ( I live in California). I'm planning on getting the iPhone 4 32 Gb. once it comes out, but I was wondering if it would only cost $299 for the phone. Are there any other taxes or other fees that you need to pay? I really want my sold iPhone 3GS to cover all the costs of the iPhone 4... What you guys think?


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Accessing Twitter and Facebook APIs from a groupware system
Group Hug
The Open-Xchange and Zarafa groupware systems can tap into the APIs of Facebook, Twitter, and Xing, but you need different tactics for each service – keep in mind that the information yield is sometimes quite meager.
Individual or business, almost every Internet user now owns numerous user accounts with social web services. Juggling and coordinating these accounts is not simple: Friends chat on Facebook and colleagues network on Xing, and they all wait for tweets on Twitter. On-demand, modern groupware systems like Open-Xchange and Zarafa tap into the data of the social web and merge it with existing data (a server-side mashup). Groupware users thus automatically find their contacts from Facebook, for example, in their address books – or at least that's the basic idea.
The Open-Xchange Groupware (OX) product is backed by the eponymous company in Nuremberg, Germany; the company in turn has its origins in the SUSE environment with SLOX (SUSE Linux Open-Xchange Server). Besides commercial versions, a free Community Edition is released under the GPLv2. Customers of 1&1 should be familiar with OX; the company uses the groupware as a hub for its email services in one hosting variant named of MailXchange.
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Embark on the fishing adventure of a lifetime just minutes from our Inverness hotel. The Gulf of Mexico provides numerous fishing opportunities including deep sea, saltwater and near shore fishing with charter service available. Enjoy Florida's abundant sunshine while being rocked by the gentle tides of the gulf. With charters that take you fishing in the coastal bays and estuaries, to up to 40 miles out into the Gulf of Mexico, you are sure to find a sweet fishing spot with the help of many skilled guides, captains, and tour operators in Citrus County and the Crystal River area.
Most chartered fishing tours last between half a day and ten hours depending on which service you choose. The majority of guide services provide a hassle-free trip and include everything you need to enjoy a carefree adventure such as a temporary fishing license, tackle and gear, and sometimes refreshments depending on the chosen guide service. The Gulf of Mexico contains over 200 species of salt water fish. The most common among these are red snapper, snook, trout, grouper, bass, tarpon, and amber jack. These larger trophy fish will be a delicious souvenir to bring home or fillet on site. Check out our snorkeling and diving page if you are interested in finding out Gulf Coast scalloping.
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Photo courtesy of www.visitcitrus.com


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Hawaiian music legend Dennis Kamakahi lost his battle with cancer this afternoon. KITV4's Brenton Awa remembers the Hawai'i music legend.
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This is your resource to discuss support topics with your peers, and learn from each other.
just wondering if anyone has any advice or good examples for the following, I'm finding it a little tough to find a good example on the net
i've got a datagrid, and one column with an item renderer that has a dropdown list
i want of course to be able to reflect the choice in this dropdown list back into my data provider ie. the original array collection
i cant seem to be able to catch any events from the item renderer ?
also need to be able to select the right drop down item when the grid loads up
would appreciate any pointers !
03-05-2011 07:39 PM - edited 03-05-2011 07:39 PM
Assuming when you say datagride, you mean mx: DataGrid.
You have to create a custom renderer for a ComboBox (not a drop down) and also set the attributes to say that it is a editor as well. Use the mx:ComboBox and not the spark:ComboBox unless you want them to edit in cell as well for a choice.
There are many example out there for datagrid custom renderers for combo boxes.
Here's one: http://forums.adobe.com/thread/717754 (others exist too)
I would (and I am sure others) be interested to know if you were able to scale this to a touch screen size and have it work on the simulator.
excellent thank you I'll look into that
its a spark datagrid, so I guess I should use the spark combo box
it was a spark dropdown list that i was using
when I get something working, I'll post in some code
Be interested to see a screen shot too. Make certain your row heights are around 45-50 pixels.
I decided not to go with this approach as I found it too difficult to get it to work !
just going with a simple pop up window
but I've a better question
is the spark dropdownlist touch enabled ?
how in general can you tell if a spark component is touch enabled as it would seem that some of them are 'not mobile optimized' ?
"Touch" events also send out mouse down/click/up events. So it would respond to a finger touch as much as a mouse click. "Mobile optimized" deals with sizing the control so it is large enouph for the finger and remove items that are just too small to manipulate with a finder (e.g. scroll bars).


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United States District Court, D. New Jersey
February 7, 2014
JOHN JUBELT, Plaintiff,v.UNITED MORTGAGE BANKERS, LTD., BANK OF AMERICA, N.A. (SERVICER), BANK OF AMERICA, N.A., BRYAN CAMPOS, DON GIORGIO, JOHN DOES 1-10 (Fictitious Individuals), ABC BUSINESS ENTITIES 1-10 (Fictitious Entities), Defendants.
JOSEPH A. DICKSON, Magistrate Judge.
This matter comes before the Court upon Plaintiff's motion to remand this matter to the Superior Court of New Jersey, Law Division, Bergen County, pursuant to 28 U.S.C. § 1441 and § 1446. (ECF No. 8). The Hon. Esther Salas, U.S.D.J. referred Plaintiff's motion to this Court for a Report and Recommendation. Pursuant to Federal Rule of Civil Procedure 78, the Court did not hear oral argument. Upon consideration of the parties' submissions, and for the reasons stated below, this Court recommends that Plaintiff's motion be denied.
This action involves various state law claims against Defendants United Northern Mortgage Bankers Ltd. ("United"), Bank of America, N.A. (Servicer) and Bank of America, N.A. (collectively "BOA"), Bryan Campos and Don Giorgio (collectively referred to as "Defendants"). Plaintiff John Jubelt initiated this action by filing a Summons and Complaint in the Superior Court of New Jersey, Chancery Division, Bergen County, on October 11, 2013. (Compl., ECF No. 1-1, at 6). On November 25, 2013, Defendant United removed the case to this Court, contending that the Court had original subject matter jurisdiction (on both diversity and federal question grounds) and that removal was therefore appropriate pursuant to 28 U.S.C. § 1441. (Notice of Removal, ECF No. 1, ¶ 12-13).
On December 23, 2013, Plaintiff moved to remand this case to the New Jersey Superior Court, arguing that United's removal was improper because it was procedurally defective and because neither diversity nor federal question jurisdiction existed. (Pl. Br., ECF No. 8-2, at 6-13). Defendants BOA and United filed oppositions to Plaintiff's Motion to Remand on January 6, 2014, (BOA Br., ECF No. 10), and January 21, (United Br., ECF No. 14), respectively. Plaintiff filed a reply on January 30, 2014. (ECF No. 16).
Section 1441(a) of Title 28 allows removal of a civil action from state court to federal court if the federal court has original subject matter jurisdiction over the action. Caterpillar Inc. v. Williams , 482 U.S. 386, 392 (1987). A federal district court has original subject matter jurisdiction over all civil actions where the amount in controversy exceeds $75, 000 and the action is between citizens of different states. 28 U.S.C. § 1332(a)(1). This is known as "diversity jurisdiction." An action can be removed on the basis of diversity jurisdiction only "if there is a complete diversity between all named plaintiffs and defendants, and no defendant is a citizen of the forum State." Lincoln Prop. Co. v. Roche , 546 U.S. 81, 84 (2005). These requirements are commonly referred to as "complete diversity" and the "forum defendant rule." Complete diversity prohibits removal if a plaintiff and any defendant are citizens of the same state. Kaufman v. Allstate N.J. Insur. Co. , 561 F.3d 144, 148 (3d Cir. 2009). An action may also be removed if it includes a claim arising under the Constitution, laws, or treaties of the United States. 28 U.S.C. § 1441(a). This is commonly known as "federal question jurisdiction."
A removing defendant must also comply with a procedural requirement set forth in 28 U.S.C. § 1446(b)(1), which requires a removing defendant to file a notice of removal within thirty days of service of a summons and compliant. Di Loreto v. Costigan , 351 F.Appx. 747, 751 (3d Cir. 2009). In matters removed solely on the basis of federal question jurisdiction under 28 U.S.C. § 1441(a), the removing defendant is also required to obtain the consent of all other defendants properly joined and served in the action. 28 U.S.C. § 1446(b)(2)(A).
Finally, as the United States Court of Appeals for the Third Circuit has clearly stated, removal statutes "are to be strictly construed against removal and all doubts should be resolved in favor of remand." Boyer v. Snap-On Tools Corp. , 913 F.2d 108, 111 (3d Cir. 1990) (citing Steel Valley Auth. v. Union Switch & Signal Div. , 809 F.2d 1006, 1010 (3d Cir.1987)).
Defendant United removed this case on the grounds that this Court had original subject matter jurisdiction over Plaintiff's claims. (Notice of Removal, ECF No. 1, ¶¶ 11-13). Specifically, United contended that, because the amount in controversy exceeds $75, 000 and Plaintiff and all Defendants are citizens of different states, diversity jurisdiction was appropriate under 28 U.S.C. § 1332. ( Id., ¶¶ 11-12). United also asserted that, because certain of Plaintiff's claims were premised on Defendants' alleged violation of the Truth in Lending Act, 15 U.S.C. § 1601, et seq., federal question jurisdiction also existed pursuant to 28 U.S.C. § 1331. ( Id., ¶ 13).
In his motion to remand, Plaintiff argues that removal was improper because his claims do not involve a "federal question" sufficient to establish original jurisdiction under 28 U.S.C. § 1331. (Pl. Br., ECF No. 8-2, at 6-9). Plaintiff also appears to challenge the propriety of subject matter jurisdiction under 28 U.S.C. § 1332, insinuating that diversity jurisdiction is somehow inappropriate because Defendants United and BOA have previously submitted to the jurisdiction of the Superior Court of New Jersey in multiple, non-related foreclosure actions, and because those defendants "are registered through the New Jersey Department of Banking and Insurance to transact mortgage lending activities." (Id. at 11-13). Finally, Plaintiff raises a procedural argument, contending that the case must be remanded because fewer than all defendants consented to United's removal. (Pl. Br., ECF 8-2, at 10).
In opposing remand, Defendants United and BOA argue that diversity jurisdiction is satisfied and, notwithstanding diversity, Plaintiff's Complaint raises a sufficient federal question by virtue of its allegations regarding Defendants' violations of the Truth in Lending Act. (BOA Br., ECF 10, at 2, 5).
A. Diversity Jurisdiction
As noted above, the District Court has subject matter jurisdiction over this case on diversity of citizenship grounds if the amount in controversy exceeds $75, 000.00, exclusive of interest and costs, and Plaintiff's citizenship is unique from that of all defendants. 28 U.S.C. § 1332. Moreover, pursuant to the "forum defendant rule, " a case may not be removed solely on diversity grounds "if any of the parties in interest properly joined and served as defendants is a citizen of the State in which the action is brought." 28 U.S.C. § 1441(b)(2). For the purposes of analyzing diversity of citizenship, 28 U.S.C. § 1332(c) provides, in pertinent part, that "a corporation shall be deemed to be a citizen of every State... by which it has been incorporated and of the State... where it has its principal place of business." Where, as here, a case involves a national association, such as BOA, that entity is deemed to be a citizen of "the State designated in its articles of association as its main office." Wachovia Bank v. Schmidt , 546 U.S. 303, 318 (2006).
Here, Plaintiff has expressly conceded that the amount in controversy in this matter exceeds $75, 000.00. (Pl. Br., ECF No. 8-2, at 4). This Court also finds that Plaintiff and all defendants are citizens of different states. Plaintiff is a citizen of the State of New Jersey. (Compl., ECF No. 1-1, ¶ 1). Plaintiff alleges that United is a New York corporation with its principal place of business in New York. United is, therefore, a citizen of New York pursuant to 28 U.S.C. § 1332. The record reflects that Defendants Campos and Giorgio are also New York citizens. (Notice of Removal, ECF No. 1, ¶¶ 9-10). Plaintiff does not suggest otherwise. Plaintiff has conceded that BOA is a national banking association with its principal office in North Carolina. (Pl. Br., ECF No. 8-1, at 2). BOA is thus a North Carolina citizen for diversity purposes. Wachovia Bank , 546 U.S. at 318. Based on the foregoing, there is complete diversity of citizenship in this matter and, as none of the defendants are citizens of New Jersey, United's removal did not run afoul of the "forum defendant rule." This Court finds that the District Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. § 1332 and that Defendant United's removal was both effective and procedurally appropriate.
B. Federal Question Jurisdiction
As this Court finds that the District Court has subject matter jurisdiction over this case based on diversity of citizenship, it need not consider whether Plaintiff's claims also involve a federal question. Likewise, the Court need not determine whether all properly served defendants consented to United's removal, as that procedural hurdle applies only to removals based solely on federal question jurisdiction. 28 U.S.C. § 1446(b)(2)(A).
Based on the foregoing, this Court recommends that Plaintiff's motion to remand, (ECF No. 8), be denied and that this matter continue in this Court.
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Clipse Working With Super-Producer Rick Rubin
Rap duo and Rubin have completed one track and plan to record one or two more, according to report.
The [artist id="1189492"]Clipse[/artist] are no strangers to critical acclaim. While brothers Malice and Pusha T enjoyed minimal commercial success with their breakthrough album Lord Willin', their rhymes have always caused critics' hearts to flutter.
The Thornton brothers are hoping to keep critics hooked, as well as find some new fans, on their third album, Till The Casket Drops, by working with legendary producer Rick Rubin. Rubin signed the Clipse to Columbia Records in 2007 soon after he became the label's cochairman. According to EW.com, the Clipse and Rubin have completed one track while recording in Malibu, California. They plan to record one or two more tracks in the coming weeks.
Although Rubin has most recently worked with rock groups ranging from [article id="1592476"]Metallica[/article] to [article id="1552359"]Weezer[/article] and the [article id="1551664"]Red Hot Chili Peppers[/article], he's no stranger to hip-hop. He helped found Def Jam Records and worked with a young [artist id="932"]LL Cool J[/artist], [artist id="3082568"]Run-DMC[/artist] and the [artist id="968"]Beastie Boys[/artist]. He also produced "99 Problems" for [artist id="1269"]Jay-Z[/artist]'s Black Album.
This is a departure for the Clipse, whose two previous albums have been produced almost entirely by the Neptunes. The group has had success with the We Got It for Cheap mixtape series, which featured beats from other producers, and the duo are hoping to do the same with Till the Casket Drops.
The album's first single, "Kinda Like a Big Deal," is produced by [artist id="1722805"]DJ Khalil[/artist] and features [artist id="1230523"]Kanye West[/artist]. [article id="1602920"]Pusha T was tight-lipped[/article] when we asked him about the collaboration earlier this year, but he said it was something to look for: "Hey, man, it's just one of them joints." The duo hope to release Till the Casket Drops late this summer.


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289 total
During a divorce, can you ask the court to rule on only the assets you can't agree on (or will a court only look at the whole enchilada and then you risk having to divide or sell something you didn't want to divide or sell)?
If you both have counsel, your respective attorneys will typically inform the Court that what is at issue or what has been agreed upon. This usually entails a written agreement. Now many times though, parties will get close to a complete verbal agreement on all issues but then the last few issues unravel the successful agreement in which case does force the Court to rule on the "whole enchilada." The lesson hear is lock in what you agree to in writing and reserve the few remaining issues in writing. This will not leave anything to chance when you go before the Court. Did I mention get the agreement in writing?See question
Ex-spouse is planning to move out of state to live with her boyfriend with our 2 children (9 & 7 years old).
You absolutely do need an attorney immediately. You mention ex-spouse so I am assuming that you are divorced. So what were the terms of your divorce decree? We really need to see the prior order to see where we stand. I hope your prior order had a provision about no overnight guests of the opposite sex. Of course with regard to the relocation of your children you can object to that but by doing so you are saying that you desire for the kids to stay with you. This entails making sure your are appropriately prepared to take custody. Are you living with someone? Does your home have sufficient space for 2 kids? What school are you zone for? These are but a few of the questions that you need help preparing for.
As the other responder mentioned, you may go to the Juvenile & domestic relations district court and file your own motion to amend or petition to revisit the custody issue but it would be much wiser to have an attorney help you do that. If you are truly serious about addressing this issue then take the time and money to hire someone with the expertise to achieve your goals.See question
Was dropped by spouse they claimed the qualifying event was legal separation which is not true, there is no such thing in Virginia
Employers can drop a spouse off health insurance. Quite often employers will use a "legal separation" as a qualifying event. The problem is legal separation is not something that you have to file for. If you no longer live with your spouse, don't go out together, don't pay bills together, don't have dinner together, with the expressed desire for a divorce, then you are legally separated. This is why it is very common for an attorney to ask the court for an Pendente Lite hearing. To settle issues that need addressing while the divorce is pending. Like preventing one spouse from dropping another off health insurance.See question
I have been divorced for more than 4 months in the state of Virginia. Two days before I remarried, my Ex files a motion to vacate. If I get remarried and the motion gets approved, will I be charged with bigamy? How likely will a motion to vacat...
The bigger question is why is they are filing a motion to vacate? Most of time when these motions are filed is due to some problem is addressing property debts or support. Sometimes they are filed because the former spouse claims that notice or service was not proper. You definitely need to sit down with an attorney to review the motion that your ex filed. As far as bigamy goes, if you get remarried then after the marriage the motion to vacate the former divorce is granted then your second marriage is called "voidable" NOT "void" . Long story short, all this will be cured when the issues on the motion to vacate are resolved and the divorce re-instated. NO BIGAMY... NOW if the motion the vacate is granted prior to your second marriage then that second marriage would be void and I would have to advise you to wait to conduct your marriage ceremonySee question
This past weekend I received an open container ticket (as a passenger). I was also just hired as a teacher. Will my current employer be notified of this ticket? Is this a criminal offense? Should I tell my employer?
I am puzzled by your inquiry.
§ 18.2-323.1. States that " It shall be unlawful for any person to consume an alcoholic beverage while driving a motor vehicle upon a public highway of this Commonwealth. " but if you were not operating the vehicle. then I am curious as to what they actually charges you with.
I think you may want to consider scheduling an appointment with a local attorney to discuss your case further. If you are found guilty this offense is a criminal offense, it is a class 4 misdemeanor which is like a $250 fine. Your employer could find out this is a public record. Now the Court's will not mail anything to your employer but again.. if your employer does any sort of back ground check they would see this charge.See question
My ex and I are currently going through a separation. She decided to take our two children up to Vermont with her for the summer. She did not properly notify me 30 days before she left. The day before she left, I presented her with a note that ...
It sounds like you need to hire an attorney ASAP to file for custody. At present the proper jurisdiction would be VA but if they continue to reside up there and you do nothing she might be able to establish jurisdiction up there. So definitely need to address this issue now in the local Juvenile and Domestic Relations Court. Now as far as the paper goes, I believe that will be evidence you can use to show that she acknowledged that the children resided here with you and her transportation to Vermont was only to be temporary. The paper is NOT an legally binding ORDER but it is evidence that would aid you in getting an order. Now, having said all that you do have some obstacles to face. I have assisted fathers when the mothers run off with the kids and dealing with other states can be difficult. If you spouse refuses to return the kids, then after you have a custody order her in VA you may have to travel to Vermont and request a PICK UP ORDER to give the local sheriff authority to physically assist you in securing your children. Some states are more cooperative than others but I have not dealt with Vermont before.
Regardless hire an attorney NOW to start the process.See question
No attorney. Just got a 1 yr protective order for family abuse against the father.. Child is 13. Wants mom to have full custody.
I am a little confused as to which party you are. You mention that you have recently been granted a protective order "against the father" which would lead me to think that you are the mother, but then your say "wants mom to have full custody"... The answer to your initial question of what needs to be in a motion depends heavily on who you are and what your goals are. So if you are the mother who was awarded the protective order then you will likely focus on the protective order in your motion to amend. If you are the father, then you likely want to focus on something else other than the fact that a protective order was just placed against you. If you are a grandparent, then there several factors that we need to consider before you file a motion to amend and you really need an attorney first.
On any motion to amend you must tell the Court what you want to change and the change in circumstances that have arisen that merit this change. The court's website have excellent forms that can be filled out on-line to help you. www.courts.state.va.us. However, However, However.... please consider meeting with an attorney to help you. While completing a form is an easy task, fight for your child is something that you should not take lightly and an experienced family law attorney is an invaluable assets if you are serious about pursuing the best interests of your child.See question
I filed for a divorce on 01/06/14. My spouse is in another state and claims she did not receive anything. She says that she has sent me paperwork but I have not received any paperwork. What can I do to get my divorce.
Your issue appears to deal with service. Many times in divorce actions when parties have nothing to fight over we will merely send the spouse a Waiver to endorse and return to allow the case to proceed. Now if the spouse does not sign this document then you have to formally serve them. This means paying a process server or the local sheriff to deliver the paperwork to her. You will definitely need an attorney to help you with this because you will have to have the Court paper the Service of Process/ Summons then provide that to the process server. The process server will then deliver this to your spouse and this process server will prepare an Affidavit that he did in fact serve them. This starts the 21 day period that your spouse has to respond to your allegations. At the conclusion of this time if your spouse has not responded then you may proceed on your divorce without them.
Again, you really need an attorney to help you.See question
We have been marriage 30 years he started paying my insurance after I was laid off 9 years ago. Within that time span he became disable and retired. My insurance is through his retirement if we divorce I will be dropped. I need insurance and I a...
Upon the entry of the Final Decree, he can drop you from his insurance. So much like the other responder I am curious as to the status of your divorce proceedings? If you don't have an attorney, please consider consulting with an attorney as soon as possible.See question
I'm 27 and my husband 55. We are pretty much done with each other. I can no longer except the verbal abuse, lack of love/passion, financial hold and anger etc. He makes 45k, he has a rental property income, and I only make 15k. I want to leave, I ...
I am sorry to hear all that you are going through and I think would be wise for you to make an appointment with a local Family Law Attorney to discuss your options. Of course, I understand you desire to leave but before you do, I think it would be wise to have a plan which would likely entail attempting to propose some sort of separation agreement. Based on the disparity in income, you may be entitled to spousal support and you may have certain valuable interest in his real estate holdings. In addition, by you having or proposing a separation agreement you have some measure clarity on the situation. You come into the conversation with an idea of this is what you need/ want. He may agreed, disagree or propose some counter-offer. Regardless, the situation is moving forward and in this process you can advise him that you are leaving on whatever date. This avoids any abandonment claims. Once you have left the marital residence, if he has not agreed to pay support then you can file for spousal support to assist you until you have been separate and apart for the statutory time.
Bottom-line, go have a sit down meeting with an attorney to help get your through this.See question


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How to Rotate AdSense & YPN on one page
Jensense has instructions for those of you lucky enough to be in the YPN beta test who are wanting to Rotate you AdSense & YPN ads on the one page using phpAdsNew.Adsense
Gizmodo Expands into European Languages
Nick Denton has announced that Gizmodo is going to be translated into six European languages: 'Under the terms of the partnership, Gizmodo's content will be translated from English into 6 additional languages, then augmented with local coverage for each market. Besides English, Gizmodo.com now will be available in French, German, ...moreBlog Networks
Chitika eMiniMalls – How Much Money Do they Earn Me?
I've been getting quite a few excited emails from readers who have signed up for the Chitika eMiniMalls that I reviewed last week. There has been a lot of positive feedback so far from those who I've referred over to the program with some people earning some significant money from ...moreChitika eMiniMalls
YPN testing RSS Ads
Looks like Yahoo's Publisher Network is widening their beta test to RSS ads if the RSS feed of our friend Jen is any indication. Still patiently waiting for them to widen their test to non US testers…. Is anyone out there actually earning anything significant from RSS advertising? I have ...moreRSS
Webby Media Blog Network Folds
Brand New Blog Network – Webby Media has just decided to call it quits just a week after launching. Omar explains it at Too Much, Too Fast? He'd previously announced that Webby Media would give 100% of earnings to bloggers that joined up – I was always fascinated to see ...moreBlog Networks
Camera Phone Blog gets a New Editor
I'm really excited to announce that I've just recently started a process of putting some quality bloggers into my blogs to help lighten the load of blogging. This will free me up to spend more time blogging at ProBlogger and working on some of the other exciting projects that I've ...morePro Blogging News
Venture Capital and your Blogging Business
There's a good post over at Whitespace titled Boom 2.0 which talks a little of the struggle of the 9rules guys to work out whether they wanted to accept venture capital funding. "Last week we were offered a "generous" sum of money to fund some of the projects that we ...morePro Blogging News
Chitika eMiniMalls Plugins
x74..org has posted a Chitika eMiniMall WordPress Plugin to help you insert eMiniMalls inside your posts. It's similar to some plugins that I've seen to do the same thing with Adsense which might be helpful. However keep in mind that inserting ads inside individual posts means that you later on ...moreChitika eMiniMalls
BlogNetworkWatch Launches
Martin has decided to start a blog on Blog Networks over at BlogNetworkWatch. It's definitely a popular topic at the moment so should be an interesting one to watch.Blog Networks


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Canucks Army GDT #5 - Sharks @ Canucks
Cam Charron
October 10 2013 02:26PM
via SBN - You can buy a t-shirt with this graphic, if you like
The San Jose Sharks are going to be one of the best teams in hockey this season and will probably win the Pacific Division. Like the Vancouver Canucks, they had tonnes of regular season success between lockouts. Like the Vancouver Canucks, they won an infinite number of Presidents' Trophies more than Stanley Cups during that span. Unlike the Vancouver Canucks, the Sharks landed two exceptional talents out of the Entry Draft and have been able to rebuild on the fly.
Also, there's rumblings about a third draftee. Maybe you've heard about him, if you'd watched Sportscentre or Connected this week, turned on a radio or done so much as boot up your computer. Yes, unless you have been sitting on the couch staring at a blank TV screen for the last two days, or been comatose, you have heard about Tomas Hertl.
A Graphic Guide To Advanced Hockey Stats
Graphic Comments
October 10 2013 01:20PM
If you're a regular reader here at Canucks Army, you are likely familiar with most of the new stats that we use to analyze players and games. Sure, everyone likes a good story, but good stories don't win you the Cup. Not cinderella stories, not chronicles of heroism, and certainly not a tale of destiny. Sigh.
No, what wins you the Cup is good old fashioned luck.
Draft Street and the Nations
Kent Wilson
October 09 2013 08:03PM
Due to popular demand Draft Street is back on the Nations. We ran some Free Rolls for DS last year and got some really good feedback, so we approached them about getting this going again for us again this year. They finally acquiesced when I threatened to send Wanye to their house with a bullhorn and a clown costume.
The 4th Hangover of 2013-14
Dimitri Filipovic
October 09 2013 03:27PM
Even David Booth thinks that Chris Higgins can't catch a break. (Image via Jeff McIntosh )
In case you missed it last night, the Canucks won their third game in a row (and second consecutive game in overtime) when they beat the New Jersey Devils by a score of 3-2. While large chunks of the game were fairly evenly played, it was a dominant 2nd period showing, and some fortunate breaks, that propelled the Canucks to victory on Tuesday night.
Read on past the jump for the scoring chance totals, and a few other numbers-based thoughts.
Canucks Postgame: Luongos beat Schneiders in Overtime
Dimitri Filipovic
October 08 2013 11:08PM
There was a lot of talk heading into Tuesday night's Devils-Canucks game about Cory Schneider and Roberto Luongo. Those guys will, for better or for worse, be linked to each other for a long time to come. Whenever one guy does very well or very poorly, people will make jokes suggesting that the Canucks should've stuck with the other guy. That's a foregone conclusion.
So the 3-2 overtime win by the Canucks surely didn't do anything do change that, especially since it's just one game, and both guys played very well. But what it did do was provide the Canucks with 2 needed points in the standings - with the schedule about to get tougher, it was nice to bank a 3rd straight victory - and a much better all-around performance to build off of.
Read on past the jump for a quick recap of the game.


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Results 1 to 10 of 10
- 11-18-2013, 10:28 AM Thread Author #1
4.3 Update is live!
Just downloaded OTA. So far, so good, but I've only been using it an hour now. I am also waiting for 4.3 for my S4, but heard some of those updates are getting pulled due to problems with Samsung's build for 4.3 (Hopefully I don't find out the hard way that this has issues!).
Has anyone else gotten the update yet? Anything interesting/troubling to report?
Posted via Android Central App
Re: 4.3 Update is live!
I do have a few things to report.
I upgraded from Android 4.2.2 to 4.3 earlier today. After being bummed out that there's still no Photosphere on stock firmware I discovered something far worse..
It lags. I don't mean "Eh, it lags a little here and there", no. I mean, it lags so bad that I can barely use the tablet sometimes. Even just swiping to a new page on the home screen takes over two seconds most of the time.
The tablet always feels warm too, as if the CPU is running under load. Even while asleep it stays warm, and when I'm playing a game it gets so hot that it's actually mildly painful.
Just to be sure I'm not crazy I went and grabbed CPU-Z. Yep, all four cores are on and the load's almost always at 75% or over, only dropping down to 0% for a half second about once a minute. Often it'll jump to 100% and stay there for extended periods of time as well.
The only thing I know I'm running, for sure, is CPU-Z. Nothing else is listed in the app switcher or in the upper left corner. The services look normal (just stock stuff running plus a live wallpaper ("Day Scene") and Swiftkey apart from the usual Google and Asus stuff).
Under "battery", "Media" is using 57% of the system's power. I don't know why this is running. Honestly, I don't have the slightest clue. From a fresh boot the thing's lagging right off the bat, no music playing, no videos, and yet this thing's right up there. After downloading a task manager I found that "android.process.media" and "Google+" are each using about 50% at all times.
I'm running stock firmware, it's not rooted, it's not unlocked; everything's off the shelf.
Am I the only one experiencing this issue or have any suggestions on how to fix it, and how to get Photosphere on this tablet?
- 11-18-2013, 06:51 PM Thread Author #3
I haven't had issues with lag, but the battery does seem to drain fairly aggressively, particularly when using the keyboard dock. Its not great off the dock either, but better than with it.
Otherwise, some stability seems to have been added, I no longer get the random hangs and restarts I got before, and the keyboard dock works much better.
In terms of installing photosphere, there was an APK for the stock android camera floating around a few months back, it would be worth a shot on here if you really want it.
Posted via Android Central App
Re: 4.3 Update is live!
Would you mind checking your CPU usage and stuff? Maybe your battery drain's the same issue that I have but a less severe case.
Any chance you know where that APK is? I've looked around a while in various places on the 'net, got like five different ones, but none work. The camera its self is fine, but when I try to go to photosphere it crashes.
EDIT: Might've fixed it! Might've. After deleting pretty much everything media-related on the SD card and internal memory the service finally stops and my tablet feels like normal. It does feel more fluid than 4.2.2, but now I'm afraid to put anything back on the thing. I'll put some stuff back and report what happens after a day or two of testing.
- 11-19-2013, 11:42 AM #5AC Team Emeritus
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Re: 4.3 Update is live!
Mine in behaving perfectly fine after the update. No issues here. Nothing keeping my CPU awake at all.
Sent from my K00C using Tapatalk 4
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Re: 4.3 Update is live!
Have any of you used a TF201 before ?
If so how does this new one compare ? Is it worth swapping up to this ?
- 11-19-2013, 01:46 PM #7AC Team Emeritus
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- 12-01-2013, 06:11 PM Thread Author #9
Re: 4.3 Update is live!
Glad to hear that.
I have noticed that all the problems I originally had are smoothed out with this. I do get strange screen flicker on redraw sometimes, but its rare, and doesn't kick me out of the app I was using or restart the tablet like it was doing on 4.2.2.
The keyboard does still occasionally lose communication with the tablet, but it is very, very rare compared to how it was before, and it is much more usable and responsive than it was before.
Overall, I am happy with it as a tablet/mini-laptop combo. Now I just wish it had a multiwindow feature like the Samsung Galaxy series.
Re: 4.3 Update is live!
I know this may be a beginner thing but this is my first time using android. My battery was drainging quickly and it was doing so because the tablet was always connected to wifi, even when asleep. If this might be your issue and you ask me to, I will post a comment saying how to change it, because I remember it was a little tricky. I also am having completely seperate problems with my TF701T, mostly keyboard problems I assume, and I posted a thread if some of you guys would help, I would really appreciate it.
Posted via Android Central App
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John Brown Estate Agents are an independent estate agent specialising in the sale and letting of residential property covering Coulsdon, Old Coulsdon, Purley, Caterham, Warligham, Netherne, Chipstead, Kingswood, and the surrounding areas. John Brown himself has over 40 years experience in the industry and is well known and regarded as an expert in the local housing market. All our staff live or have lived locally and can advise applicants about all the area has to offer and the benefits of living here.
John Brown Estate Agents provide an efficient, professional and friendly service using up to the minute technology to better serve both our Vendors and Applicants. We deal with all areas related to property matters including structural surveys carried out by a Chartered Surveyor and also a locally based Independent Financial Advisor. Additionally we are a member of a Connect multi-listing group who share their portfolio of properties.
105 Coulsdon Road, Coulsdon, CR5 1EH


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tkb12 Review
I was mostly concerned about the reviews I read that said the bed wasn't sturdy. This is NOT true. It's beautiful and solid. Great buy. If you're looking for an affordable king sized bed frame that is a great quality for the price, this is a winner.
Was This Review Helpful?


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August 6, 2010
LINDA KINGSTON, PLAINTIFF,v.MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, DEFENDANT.
On September 4, 2009, plaintiff Linda M. Kingston ("Plaintiff") filed a complaint against defendant Michael J. Astrue ("Defendant" or "Commissioner"), seeking review of a denial of disability insurance benefits ("DIB") and supplemental security income benefits ("SSI"). [Docket No. 3.]
On March 9, 2010, Defendant filed his answer, along with a certified copy of the administrative record. [Docket Nos. 12, 13, 14.]
On April 14, 2010, this matter was transferred to the calendar of the undersigned Magistrate Judge. [Docket No. 16.] Both Plaintiff and Defendant subsequently consented to proceed for all purposes before the Magistrate Judge pursuant to 28 U.S.C. § 636(c). [Docket Nos. 17, 18.]
Pursuant to a September 29, 2009 case management order, the parties submitted a detailed, 25-page joint stipulation for decision on May 6, 2010. [Docket No. 21.] The Court deems the matter suitable for adjudication without oral argument.
In sum, having carefully studied, inter alia, the parties' joint stipulation and the administrative record, the Court concludes that the ALJ erred in his step-two analysis by failing to find Plaintiff's mental and physical impairments were severe, which were established by (1) the opinion of the treating physician Dr. Ang; and (2) the opinion of Dr. Pieroni and his team from the Tri-City Mental Health Center. The Court thus remands this matter to the Commissioner in accordance with the principles and instructions enunciated in this Memorandum Opinion and Order.
Plaintiff, who was 50 years of age on the date of her administrative hearing, has a high school equivalent education. (Administrative Record ("AR") at 66, 156, 1334, 1380, 1410.) Her past relevant work includes employment as a teacher's assistant at School of Fashion and Design for Handicapped Adults in Alhambra, California, which is run by Plaintiff's mother. (Id. at 176, 1335, 1436.)
Plaintiff protectively filed for DIB and SSI on February 6, 2002, alleging that she has been disabled since May 31, 2000 due to depression and diabetes mellitus.*fn1
(AR at 61, 156, 1302, 1312.) Plaintiff's applications were denied initially and upon reconsideration, after which she filed a timely request for a hearing. (Id. at 60, 61, 90, 95, 100, 1306, 1307, 1312, 1313.)
On November 19, 2003, Plaintiff, represented by counsel, appeared and testified at a hearing before an Administrative Law Judge ("ALJ"). (AR at 65, 1326, 1330-1353.) On April 28, 2004, the ALJ issued an unfavorable decision denying Plaintiff's request for benefits ("April 2004 Decision"). (Id. at 65-75.)
Plaintiff appealed the April 2004 Decision and, on September 23, 2005, the Appeals Council vacated the April 2004 Decision and remanded the case to the ALJ for further proceedings. (AR at 121-124.) The Appeals Council directed the ALJ to "[o]btain additional evidence concerning [Plaintiff's] mental impairment(s)[,]...
[o]btain evidence from a medical expert (who is an expert in psychiatry) to clarify the nature and severity of [Plaintiff's impairment,]... [f]urther evaluate [Plaintiff's] mental impairments in accordance with... 20 CFR 404.1520a and 416.920a,... [and g]ive further consideration to [Plaintiff's] maximum residual functional capacity[.]" (Id. at 122-123.)
On January 17, 2006, Plaintiff, represented by counsel, appeared and testified at a second hearing before an ALJ. (AR at 80, 1377, 1380-1405, 1408-1409.) On July 27, 2006, the ALJ denied Plaintiff's request for benefits ("July 2006 Decision"). (Id. at 80-86.)
Plaintiff appealed the July 2006 Decision and, on February 15, 2008, the Appeals Council vacated the July 2006 Decision and remanded the case to the ALJ for further proceedings. (AR at 152-154.) The Appeals Council again directed the ALJ to "[f]urther evaluate [Plaintiff's] subjective complaints[,]... [f]urther evaluate [Plaintiff's mental impairments[,]... [and g]ive further consideration to [Plaintiff's] maximum residual functional capacity[,]" among other things. (Id. at 153.)
On August 12, 2008, Plaintiff, represented by counsel, appeared and testified at a third hearing before an ALJ. (AR at 20, 1410-1413, 1427-1436, 1440-1441.) Psychiatrist Charles Agler, M.D. ("Dr. Agler"), and internist Harvey Alpern, M.D. ("Dr. Alpern"), both medical experts ("ME"), and Gail Maron, a vocational expert ("VE"), also testified. (Id. at 20, 1414-1427, 1436-1439.)
On November 12, 2008, more than six years after her initial applications, the ALJ once again denied Plaintiff's request for benefits. (AR at 20-27.) Applying the five-step sequential evaluation process, which is discussed in detail below, the ALJ found, at step one, that Plaintiff has not engaged in substantial gainful activity since her alleged onset date of disability. (Id. at 22.)
At step two, the ALJ found that Plaintiff suffers from "diabetes and a mood disorder," (AR at 22), but concluded that Plaintiff "does not have a severe impairment or combination of impairments." (Id. at 25 (bold omitted).)
At step three, the ALJ determined that the evidence does not demonstrate that Plaintiff's impairments, either individually or in combination, meet or medically equal the severity of any listing set forth in the Social Security regulations.*fn2 (AR at 26.) The ALJ then assessed Plaintiff's residual functional capacity*fn3 ("RFC") and determined that Plaintiff has no exertional limitations and has a mild limitation in social functioning and a mild limitation in concentration, persistence or pace. (Id. at 25, 26.)
Based on Plaintiff's RFC and the VE's testimony, the ALJ found, at step four, that Plaintiff can perform her past relevant work as a teacher's aide. (AR at 26.) Thus, the ALJ concluded that Plaintiff was not suffering from a disability as defined by the Act. (Id. at 21, 27.)
Plaintiff filed a timely request for review of the ALJ's decision, which was denied by the Appeals Council. (AR at 7-9, 15-16.) The ALJ's decision stands as the final decision of the Commissioner.
A. Five-Step Inquiry To Ascertain A Cognizable Disability
A claimant must satisfy three fundamental elements to be eligible for disability benefits: (1) a medically-determinable impairment; (2) the impairment prevents the claimant from engaging in substantial gainful activity; and (3) the impairment is expected to result in death or to last for a continuous period of at least 12 months. 42 U.S.C. § 423(d)(1)(A); Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999). A well-established five-step sequential inquiry is utilized to assess whether a particular claimant satisfies these three elements. The inquiry proceeds as follows:
First, is the claimant engaging in substantial gainful activity? If so, the claimant cannot be considered disabled.
Second, does the claimant suffer from a "severe" impairment, to wit, one continuously lasting at least 12 months? If not, the claimant is not disabled.
Third, does the claimant's impairment or combination of impairments meet or equal an impairment specifically identified as a disability by the Commissioner under 20 C.F.R. part 404, subpart P, appendix 1? If so, the claimant is automatically determined to be disabled.
Fourth, is the claimant capable of performing his or her past work? If so, the claimant is not disabled.
Fifth, does the claimant have the so-called "residual functional capacity" to perform some other type of work? The critical question posed here is whether the claimant can, in light of the impairment and his or her age, education and work experience, adjust to another form of gainful employment?
If a claimant is found "disabled" or "not disabled" along any of these steps, there is no need to complete the remaining inquiry. 20 C.F.R. §§ 404.1520(a)(4) & 416.920(a)(4); Tackett, 180 F.3d at 1098-99.
B. Standard of Review on Appeal
This Court is empowered to review decisions by the Commissioner to deny benefits. 42 U.S.C. § 405(g). The findings and decision of the Social Security Administration must be upheld if they are free of legal error and supported by substantial evidence. Mayes v. Massanari, 276 F.3d 453, 458-59 (9th Cir. 2001, as amended Dec. 21, 2001). If the court, however, determines that the ALJ's findings are based on legal error or are not supported by substantial evidence in the record, the court may reject the findings and set aside the decision to deny benefits. Aukland v. Massanari, 257 F.3d 1033, 1035 (9th Cir. 2001); Tonapetyan v. Halter, 242 F.3d 1144, 1147 (9th Cir. 2001).
"Substantial evidence is more than a mere scintilla, but less than a preponderance." Aukland, 257 F.3d at 1035. Substantial evidence is such "relevant evidence which a reasonable person might accept as adequate to support a conclusion." Reddick v. Chater, 157 F.3d 715, 720 (9th Cir. 1998); Mayes, 276 F.3d at 459. To determine whether substantial evidence supports the ALJ's finding, the reviewing court must review the administrative record as a whole, "weighing both the evidence that supports and the evidence that detracts from the ALJ's conclusion." Mayes, 276 F.3d at 459. The ALJ's decision "'cannot be affirmed simply by isolating a specific quantum of supporting evidence.'" Aukland, 257 F.3d at 1035 (quoting Sousa v. Callahan, 143 F.3d 1240, 1243 (9th Cir. 1998)). If the evidence can reasonably support either affirming or reversing the ALJ's decision, the reviewing court "'may not substitute its judgment for that of the ALJ.'" Id. (quoting Matney ex rel. Matney v. Sullivan, 981 F.2d 1016, 1018 (9th Cir. 1992)).
Three disputed issues are presented for decision here:
1. Whether the ALJ properly considered the opinion of the treating physician, Dr. Ang, (Joint Stip. at 3-7, 9);
2. Whether the ALJ properly considered the treating notes from Tri-City Mental Health Center, (Id. at 9-18, 20-21); and
3. Whether the ALJ properly held that Plaintiff's condition is not severe. (Id. at 21-23, 24.)
Plaintiff contends that the ALJ erred in concluding that she does not suffer from a severe mental or physical impairment. (See Joint Stip. at 21-23, 24.) Specifically, Plaintiff maintains that the medical evidence provided by her treating physicians Dorcas Ang, M.D. ("Dr. Ang"), Charles Pieroni, M.D. ("Dr. Pieroni"), and her treatment team from Tri-City Mental Health Center establishes that she suffers from severe physical and mental impairments. (See id. at 21-23.)
A. Step-Two Inquiry Requires A "De Minimus" Threshold Showing
The threshold inquiry at step-two is whether or not a claimant is suffering from a severe impairment. 20 C.F.R. § 404.1520(a)(4)(ii). The step-two inquiry is defined as "'a de minimis screening device to dispose of groundless claims.'" Edlund v. Massanari, 253 F.3d 1152, 1158 (9th Cir. 2001, as amended Aug. 9, 2001) (quoting Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir. 1996)).
"At step two of the five-step sequential inquiry, the Commissioner determines whether the claimant has a medically severe impairment or combination of impairments." Smolen, 80 F.3d at 1289-90. "Important here, at the step two inquiry, is the requirement that the ALJ must consider the combined effect of all of the claimant's impairments on her ability to function, without regard to whether each alone was sufficiently severe." Id. at 1290 (emphasis added).
"An impairment or combination of impairments can be found not severe only if the evidence establishes a slight abnormality that has no more than a minimal effect on an individual[']s ability to work."*fn4 Smolen, 80 F.3d at 1290 (internal quotation marks and citation omitted). "[A]n ALJ may find that a claimant lacks a medically severe impairment or combination of impairments only when his conclusion is 'clearly established by medical evidence.'" Webb v. Barnhart, 433 F.3d 683, 687 (9th Cir. 2005) (quoting Social Security Ruling ("SSR") 85-28,*fn5 1985 WL 56856, at *3).
In addition, "if an adjudicator is unable to determine clearly the effect of an impairment or combination of impairments on the individual's ability to do basic work activities, the sequential evaluation should not end with the not severe evaluation step." Webb, 433 F.3d at 687(quoting SSR 85-28, 1985 WL 56856, at *4) (brackets omitted).
B. Medical Assessments of Plaintiff
Plaintiff's medical history is lengthy, but a detailed recitation is necessary for the requisite context.
Starting on February 12, 2003, Plaintiff received treatment for her diabetes from internal medicine physician Dr. Ang. (AR at 409-414, 418-426.) On April 30, 2003, Dr. Ang completed a diabetes mellitus impairment questionnaire. (Id. at 409-414.) Dr. Ang diagnosed Plaintiff with type II diabetes and assessed Plaintiff's prognosis as "good." (Id. at 409.) Dr. Ang further found that Plaintiff suffered from "loss of manual dexterity [and] tingling of [right] leg," "difficulty walking," and "psychological problems." (Id. at 409-410.)
In an eight hour day, Dr. Ang restricted Plaintiff to sitting for zero to one hour, standing and/or walking for one to two hours, and occasionally lifting and carrying five to ten pounds. (AR at 412.) Dr. Ang also opined that Plaintiff's "pain, fatigue or other symptoms" are frequently "severe enough to interfere with attention and concentration." (Id. at 413.) Dr. Ang noted that Plaintiff "has ADHD, Depression and Anxiety." (Id.)
From September 2005 through February 2008, during this two-and-a-half-year span, Plaintiff received mental health treatment from a team at Tri-City Mental Health Center ("Tri-City Team"). (AR at 487-542, 566-1286.) Plaintiff received treatment from the Tri-City Team approximately two to three times a week. (Id. at 1396, 1429.)
Plaintiff was diagnosed with recurrent and severe major depressive disorder and recurrent melancholy with symptoms of isolation, depression, paranoia, lack of motivation, isolation, poor impulse control, and lack of concentration. (See, e.g.,AR at 487-492.)
On September 14, 2005, a member of the Tri-City Team assessed a global assessment of functioning ("GAF") score of "30/45"*fn6 and indicated Plaintiff was "cooperative, verbal... [has history] of family mental illness, [and was] currently homeless." (ARat 542.) Throughout the treatment notes, the Tri-City Team commented that Plaintiff suffered from a functional impairment in her social relationships, including difficulty interacting with personnel in her housing program and other residents, and a strained relationship with her husband. (See, e.g., id. at 499, 505, 507, 673-674, 679, 744-745, 758-760.)
On October 13, 2005, Dr. Pieroni, a treating physician from the Tri-City Team, prescribed Zoloft, an antidepressant, and Seroquel, an antipsychotic medication.*fn7 (AR at 529-531.) On November 17, 2005, Dr. Pieroni noted that Plaintiff's compliance with medication was "good" and found Plaintiff's thought process to be "logical," but reported "mild impairment in motivation, irritability, [and] sad mood." (Id. at 518.)
On January 6, 2006, Dr. Pieroni indicated Plaintiff experienced "sporadic depressed mood and tearfulness." (ARat 501.) On January 30, 2006, Dr. Pieroni completed a psychiatric/psychological impairment questionnaire. (Id. at 479-486.) In the questionnaire, Dr. Pieroni reported that along with his diagnosis of major depression, Plaintiff suffered from diabetes mellitus and congestive heart failure. (Id. at 479.)
Dr. Pieroni indicated Plaintiff's primary symptoms were sad mood, irritability, loss of interest in usual activities, loss of energy, poor concentration, insomnia, anxiety, and a phobia of driving on freeways. (AR at 481.) On January 24, 2007, Dr. Pieroni prescribed Plaintiff with Cymbalta, an antidepressant, and Buspirone, an antianxiety medication, but noted that Plaintiff could not afford her Buspirone prescription.*fn8 (Id. at 1144.)
On March 21, 2007, Dr. Pieroni prescribed Plaintiff with Rozerem, a medication used to treat insomnia. (AR at 1041.) Dr. Pieroni noted Plaintiff was compliant with her medication on May 16, 2007. (Id. at 1002.) On September 19, 2007, a therapist from the Tri-City Team reported Plaintiff "experiences feeling[s] of helplessness and hopelessness, [and] lacks basic coping and problem solving skills." (Id. at 1109.)
At the administrative hearing, psychiatrist ME Dr. Agler testified that "by direct observation[,]" Plaintiff's diagnosis "is more consistent with... mixed personality disorder[,]" but stated that there was insufficient evidence to make a determination and an "accurate diagnosis" was required. (AR at 1419.) Dr. Agler reported that "[i]t's possible that personality disorder can be disabling but we don't have any documents[]... [and] I would suggest a complete psychological evaluation... and total cooperation of [Plaintiff] for testing." (Id. at 1420.)
Dr. Agler opined that Plaintiff's GAF score of 30/45 assessed by the Tri-City Team in 2005 was a "hurried exam." (See AR at 1420-1422.) Dr. Agler explained that Dr. Pieroni's "report lists congestive heart failure as one of [Plaintiff's] medical conditions[; however, n]owhere in the records is there any mention of congestive heart failure except there." (See id. at 1422.) Dr. Agler further stated that "[i]f you accept Dr. [Pieroni's] evaluation then [Plaintiff] would be severely disabled, there would be no question that she meets a listing.... But the independent medical and psychiatric evaluations don't find anything approaching that level of disability." (Id. at 1422-1423.)
C. ALJ's Rejection of the Opinions of Dr. Pieroni and the Tri-City Team
In his decision, the ALJ rejected Dr. Pieroni's and the Tri-City Team's opinion and, instead, adopted Dr. Agler's opinion. (See AR at 24-25.) Specifically, the ALJ concluded that Dr. Agler's opinion was more closely aligned with the objective evidence in the record:
[Plaintiff's] GAF, assessed as 30 to 45... were not at all consistent with the treatment notes from the MSW therapist and [Plaintiff's] presentation. Dr. Agler also testified that the extreme assessments of [Dr. Pieroni], who erroneously noted that chronic heart failure was [Plaintiff's] problem, when this condition is not mentioned anywhere in the record, are not supported by the objective evidence of record. He stated that were [Plaintiff's] condition as severe as assessed by [Dr. Pieroni], mental impairment would be obvious, and, it is not.... The [ALJ] accepts Dr. Agler's testimony as it is consistent with the undersigned's own review of the record. (Id. at 24-25.)
The ALJ's rejection of the evidence provided by Plaintiff's treating psychiatrist Dr. Pieroni and the Tri-City Team was unwarranted.
With respect to Dr. Pieroni's opinion, the ALJ failed to provide specific and legitimate reasons supported by substantial evidence in rejecting a treating physician's opinion. Lester v. Chater, 81 F.3d 821, 830 (9th Cir. 1995, as amended Apr. 9, 1996) ("Even if the treating doctor's opinion is contradicted by another doctor, the [ALJ] may not reject this opinion without providing specific and legitimate reasons supported by substantial evidence in the record[.]") (internal quotation marks and citation omitted); accord Reddick, 157 F.3d at 725.
Here, the ALJ did not cite to any objective findings that contradict Dr. Pieroni's assessment or provide any support for the ME's assertion that Dr. Pieroni's opinion was "extreme." (See generally AR at 24-25); see also Reddick, 157 F.3d at 725 (Rejection of a treating physician's opinion requires "setting out a detailed and thorough summary of the facts and conflicting clinical evidence, stating [the ALJ's] interpretation thereof, and making findings. The ALJ must do more than offer his conclusions. He must set forth his own interpretations and explain why they, rather than the [treating] doctors', are correct.") (internal citation omitted).
Plaintiff provided over 700 pages of treatment notes from over two years of treatment by Dr. Pieroni and the Tri-City Team indicating that Plaintiff suffers from major depressive disorder. (See AR at 487-542, 566-1286). Further, the ALJ failed to discuss how Dr. Pieroni's "erroneous" note that Plaintiff suffered from chronic heart failure, (see id. at 479), extends so far as to discredit all of Dr. Pieroni's treatment records.
Here, Plaintiff also provided evidence from another treating physician that she suffered from a mental impairment. (See AR at 321-331, 428-433; see also id. at 1340-1343.) Throughout 2002 and 2003, Plaintiff was treated by Nenita C. Belen, M.D. ("Dr. Belen") for her mental impairment. (Id.) Dr. Belen noted Plaintiff's symptoms of insomnia, anxiety, and feeling distracted, and reported that Plaintiff was "currently homeless." (See id. at 429-432.) Dr. Belen prescribed Plaintiff with antidepressants Prozac and Trazodone. (Id. at 428); see www.drugs.com.
The Commissioner argues that "[b]oth medical experts were in agreement" that Plaintiff "did not have a severe physical or mental impairment which would significantly limit her ability to perform basic work-related activities." (Joint Stip. at 24.)
However, two non-examining and non-treating MEs' opinions, standing alone, do not constitute "substantial" evidence here. See Lester, 81 F.3d at 832 ("In the absence of record evidence to support it, the nonexamining medical advisor's testimony does not by itself constitute substantial evidence that warrants a rejection of... the examining [physician]'s opinion."); Erickson v. Shalala, 9 F.3d 813, 818 n. 7 (9th Cir. 1993) ("the non-examining physicians' conclusion, with nothing more, does not constitute substantial evidence[]") (internal quotation marks, brackets and citation omitted) (italics in original); Gallant v. Heckler, 753 F.2d 1450, 1454 (9th Cir. 1984) (when the non-treating, non-examining physician's opinion conflicts with the conclusions of examining physicians, that conclusion does not constitute substantial evidence).
Moreover, even assuming, arguendo, it was proper for the ALJ to rely solely on the ME's opinion, Dr. Agler testified that while he found Plaintiff's diagnosis "more consistent with... mixed personality disorder[,]" an "accurate diagnosis" and further evaluation and testing were required. (See AR at 1419.) As such, relying on the ME's opinion, the ALJ had a duty to delve deeper into the record and unearth additional evidence regarding Dr. Agler's opinion that Plaintiff suffered from "mixed personality disorder." See 20 C.F.R. §§ 404.1512(e)(1) ("We will seek additional evidence or clarification from your medical source when the report from your medical source contains a conflict or ambiguity that must be resolved, the report does not contain all the necessary information, or does not appear to be based on medically acceptable clinical and laboratory diagnostic techniques.") & 416.912(e)(1) (same); see also Webb, 433 F.3d at 687 ("The ALJ's duty to supplement a claimant's record is triggered by ambiguous evidence, the ALJ's own finding that the record is inadequate or the ALJ's reliance on an expert's conclusion that the evidence is ambiguous."); see also Higbee v. Sullivan, 975 F.2d 558, 561 (9th Cir. 1992, as amended Sept. 17, 1992) (per curiam) (Although it is plaintiff's burden to provide sufficient evidence of entitlement of benefits, it has "long [been] recognized that the ALJ is not a mere umpire at [an administrative hearing], but has an independent duty to fully develop the record[.]").
Although the ALJ indicated that the opinion of the ME, Dr. Agler, was consistent with the objective findings in the record, (see AR at 24-25), the ALJ failed to cite any medical evidence that supported Dr. Agler's assessment. (See generally id. at 20-27.) Indeed, a review of the medical record reveals that all of the treatment records relating to Plaintiff's mental impairment are consistent with Dr. Pieroni's opinion, (see id. at 321-331, 428-433, 487-542, 566-1286), and not Dr. Agler's. Accordingly, the ALJ's rejection of Plaintiff's treating psychiatrist's opinion is not supported by substantial evidence.
With respect to the Tri-City Team treatment records, the ALJ's adoption of the ME's opinion constitutes an implicit rejection of the Tri-City Team's opinion. See also Smith ex rel. Enge v. Massanari, 139 F.Supp.2d 1128, 1133 (C.D. Cal. 2001) (reliance on one physician's opinion in making a finding, which differs from that of another physician, is an implicit rejection of the latter). The ALJ's implicit rejection of the findings from the Tri-City Team is legally insufficient. The ALJ provided no rationale for discounting the findings that Plaintiff suffers from recurrent and severe major depressive disorder, other than stating that the "GAF, assessed as 30 to 45... were not at all consistent with the treatment notes from the MSW therapist and [Plaintiff's] presentation." (AR at 24); see Salvador v. Sullivan, 917 F.2d 13, 15 (9th Cir. 1990) (mere summarization and implicit rejection of treating physician's opinion does not suffice); McAllister v. Sullivan, 888 F.2d 599, 602-03 (9th Cir. 1989, as amended Oct. 19, 1989) (broad and vague reasons will not suffice to support ALJ's conclusions).
In any event, the treatment notes from the Tri-City Team, consistently reporting Plaintiff's impairment in social functioning, support a GAF score of 30 to 45. (See, e.g., AR at 499, 505, 507, 673-674, 679, 744-745, 758-760.) Further, the ALJ improperly relied on Plaintiff's appearance at the hearing to reject the Tri-City Team's assessment of a GAF score of 30/45. See also Perminter v. Heckler, 765 F.2d 870, 872 (9th Cir. 1985) (per curiam) (condemning "'sit and squirm' jurisprudence").
In light of the Court's conclusion that the ALJ improperly rejected the opinion of Plaintiff's treating psychiatrist and his treatment team, which provides that Plaintiff suffers from major depressive disorder, the Court is persuaded that Plaintiff submitted sufficient medical evidence to establish that her mental impairment is severe, to wit, Plaintiff satisfied her burden of producing evidence that her ability to perform basic work functions is more than minimally limited by her combination of documented impairments.*fn9 See Edlund, 253 F.3d at 1158 (quoting Smolen, 80 F.3d at 1290) (The step-two inquiry is defined as "'a de minimis screening device to dispose of groundless claims.'").
In short, the ALJ's conclusion that Plaintiff's mental impairment is not severe is not clearly supported by the medical evidence. See Webb, 433 F.3d at 687 (holding an ALJ's determination that a person does not have a medically severe impairment must be "clearly established by [the] medical evidence[]") (internal quotation marks and citation omitted).
D. ALJ's Rejection of Dr. Ang
In rejecting the opinion of Plaintiff's treating physician Dr. Ang, the ALJ found that "the limitations [set forth in the diabetes mellitus impairment questionnaire completed by Dr. Ang] were not at all consistent with the treatment notes from the MSW therapist and [Plaintiff's] presentation." (AR at 24; see also id. at 409-414.)
While the ALJ briefly noted that he found Dr. Ang's assessment regarding Plaintiff's mental impairment "inconsistent with the MSW therapist and [Plaintiff's] presentation[,]" (AR at 24), the ALJ failed to discuss Dr. Ang's opinion in the context of Plaintiff's diabetes impairment. (See generally id. at 20-27.) Dr. Ang treated Plaintiff for diabetes. (Id. at 409.) Dr. Ang found that Plaintiff suffered from "loss of manual dexterity [and] tingling of [right] leg," "difficulty walking," along with a number of other physical impairments. (See id. at 409-414.)
The ALJ failed to provide any reason, let alone a specific and legitimate one, for implicitly rejecting Dr. Ang's opinion. See Reddick, 157 F.3d at 725 (quoting Lester, 81 F.3d at 830) ("Even if the treating doctor's opinion is contradicted by another doctor, the ALJ may not reject this opinion without providing 'specific and legitimate reasons' supported by substantial evidence in the record.").
Thus, the ALJ's rejection of Dr. Ang's opinion is not supported by substantial evidence.
The court has discretion to remand or reverse and award benefits. McAllister, 888 F.2d at 603. Where no useful purpose would be served by further proceedings, or where the record has been fully developed, it is appropriate to exercise this discretion to direct an immediate award of benefits. See Benecke v. Barnhart, 379 F.3d 587, 595-96 (9th Cir. 2004); Harman v. Apfel, 211 F.3d 1172, 1179-80 (9th Cir. 2000, as amended May 4, 2000), cert. denied, 531 U.S. 1038 (2000) ("[T]he decision of whether to remand for further proceedings turns upon the likely utility of such proceedings."); Varney v. Sec'y of H.H.S. (Varney II), 859 F.2d 1396, 1401 (9th Cir. 1988). As the Ninth Circuit teaches in circumstances like the present matter, this Court should "credit evidence that was rejected during the administrative process and remand for an immediate award of benefits if (1) the ALJ failed to provide legally sufficient reasons for rejecting the evidence; (2) there are no outstanding issues that must be resolved before a determination of disability can be made; and (3) it is clear from the record that the ALJ would be required to find that claimant disabled were such evidence credited." Benecke, 379 F.3d at 593.
Here, the Court is persuaded that "remanding for further administrative proceedings would serve no useful purpose and would unnecessarily extend [Plaintiff's] long wait for benefits." Benecke, 379 F.3d at 595. As discussed above, see supra at § V, because the ALJ did not provide specific and legitimate reasons for his rejection of Dr. Pieroni and the Tri-City Team's opinion, the Court shall credit their opinion as a matter of law. See Widmark v. Barnhart, 454 F.3d 1063, 1069 (9th Cir. 2006) ("Because the ALJ failed to provide adequate reasons for rejecting [the examining physician]'s opinion, we credit it as a matter of law."); Edlund, 253 F.3d at 1160 (crediting, as a matter of law, improperly rejected treating physician opinions); see also Pitzer v. Sullivan, 908 F.2d 502, 506 (9th Cir. 1990) (remanding for payment of benefits where the Commissioner did not provide adequate reasons for disregarding examining physician's opinion).
As noted earlier, the Appeals Council has twice vacated the ALJ's prior decisions and remanded the matter for further proceedings based, in part, on the ALJ's errors in properly evaluating Plaintiff's mental impairments. (See AR at 121-124, 152-154.) Given the Appeals Council's remand orders, the ALJ should have been notably careful in his evaluation of Plaintiff's impairments.
Moreover, during Plaintiff's counsel's cross-examination of the ME, the ME confirmed that if Dr. Pieroni's opinion was accepted, Plaintiff would be entitled to benefits:
[Atty]: If you take [Dr. Pieroni's psychiatric/psychological impairment questionnaire], wouldn't that come close to medium or at least equaling --
[ME]: If you accept [Dr. Pieroni's] evaluation then she would be severely disabled, there would be no question that she meets a listing.
(AR at 1422).
Further, during Plaintiff's counsel's cross-examination of the VE, the ALJ interrupted counsel's use of hypothetical questions of whether someone with Plaintiff's mental limitations would be able to perform her past relevant work. (AR at 1439.) The ALJ stated, "I never ask those questions of a VE because if I find that they are markedly impaired the answer is just too obvious that they can't work, they can't do anything, they couldn't get to work." (Id.) Thus, it is clear from the record as a whole, including the testimony of the ME and the VE, along with the ALJ's own statements, that Plaintiff is unable to perform work. See also Benecke, 379 F.3d at 595 ("[I]n the unusual case in which it is clear from the record that the claimant is unable to perform gainful employment in the national economy, even though the vocational expert did not address the precise work limitations established by the improperly discredited testimony, remand for an immediate award of benefits is appropriate."); Alfano v. Astrue, 2008 WL 901692, at *6 (E.D. Wash. Mar. 31, 2008) (awarding benefits where it is clear from the testimony of the ME and VE that Plaintiff cannot perform work at any level).
Where, as here, it is clear from the record that crediting Dr. Pieroni's opinion would preclude Plaintiff from engaging in substantial gainful activity, the Court sees no need to return the case to the Commissioner once again to make another determination as to whether Dr. Pieroni's opinion should be credited or rejected. "Allowing the Commissioner to decide the issue again would create an unfair 'heads we win; tails, let's play again' system of disability benefits adjudication." Benecke, 379 F.3d at 595. Plaintiff has already waited over eight years for a disability determination. (See AR at 156); see also Benecke, 379 F.3d at 595 ("Remanding a disability claim for further proceedings can delay much needed income for claimants who are unable to work and are entitled to benefits, often subjecting them to tremendous financial difficulties while awaiting the outcome of their appeals and proceedings on remand.") (internal quotation marks and citation omitted).
In short, a remand for the payment of benefits is warranted now. Cf. Varney II, 859 F.2d at 1399 ("Certainly there may exist valid grounds on which to discredit a claimant's pain testimony.... But if grounds for such a finding exist, it is both reasonable and desirable to require the ALJ to articulate them in the original decision.") (emphasis added).
Based on the foregoing, IT IS ORDERED THAT judgment shall be entered REVERSING the decision of the Commissioner denying benefits and REMANDING this matter to the Commissioner for the awarding of benefits.
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