text:
Gaming at the low end, checking out the Athlon X4 880K
Subject: Processors | April 26, 2016 - 05:32 PM | Jeremy Hellstrom
Tagged: Wraith, Godavari, GLOBALFOUNDRIES, FM2+, amd, X4 880K
Remember that FM2+ refresh which Josh informed you about back in March? The APUs have started arriving on test benches and can be benchmarked independently to see what this ~$100 processor and the Wraith cooler are capable of. Neoseeker compares the new 880K against the older FX-4350 in a long series of benchmarks which show the 880K to be the better part in most cases. There are some interesting exceptions to this, in which the FX-4350's slightly higher frequency allows it to pull ahead by a small margin so there are cases where the less expensive chip would make sense. Read the full review to see which chip makes more sense for you.
"Today we take a look at the AMD Athlon X4 880K, a quad-core FM2+ processor with 4.0/4.2GHz base/Turbo clocks and unlocked multiplier priced at under $100 USD. It's designed for enthusiasts on a budget looking for the fastest multi-core Athlon processor yet without any integrated GPU to add to the cost. It even shares the 95W TDP of AMD's higher-end APUs for optimized power consumption that further leads to more overclocking headroom."
Here are some more Processor articles from around the web:
- The AMD Athlon X4 880K Review @ Hardware Canucks
- A10-7870K vs. Core i3-6100 CPU @ Hardware Secrets
- £150 Gaming CPU: AMD FX 8370 (w/ Wraith) vs Intel Core i5-6400 @ Kitguru
AMD Radeon Crimson Edition 16.4.2 hits the streets
Subject: Graphics Cards | April 25, 2016 - 04:41 PM | Jeremy Hellstrom
Tagged: graphics driver, crimson, amd
AMD's new Crimson driver has just been released with new features including official support for the new Radeon Pro Duo as well as both the Oculus Rift and HTC Vive VR headsets. It also adds enhanced support for AMD's XConnect technology for external GPUs connected via a Thunderbolt 3 interface. Crossfire profile updates include Hitman, Elite Dangerous and Need for Speed and they have also resolved the ongoing issue with the internal update procedure not seeing the newest drivers. If you are having issues with games crashing to desktop on launch you will still need to disable the AMD Gaming Evolved overlay, unfortunately.
"The latest version of Radeon Software Crimson Edition is here with 16.4.2. With this version, AMD delivers many quality improvements, updated/introduced new CrossFire profiles and delivered full support for AMD's XConnect technology (including plug'n'play simplicity for Thunderbolt 3 eGFX enclosures configured with Radeon R9 Fury, Nano or 300 Series GPUs.) Best of all, our DirectX 12 leadership continues to be strong, as shown by the performance numbers below."
The Dual-Fiji Card Finally Arrives
This weekend, leaks of information on both WCCFTech and VideoCardz.com have revealed all the information about the pending release of AMD's dual-GPU giant, the Radeon Pro Duo. While no one at PC Perspective has been briefed on the product officially, all of the interesting data surrounding the product is clearly outlined in the slides on those websites, minus some independent benchmark testing that we are hoping to get to next week. Based on the report from both sites, the Radeon Pro Duo will be released on April 26th.
AMD actually revealed the product and branding for the Radeon Pro Duo back in March, during its live streamed Capsaicin event surrounding GDC. At that point we were given the following information:
- Dual Fiji XT GPUs
- 8GB of total HBM memory
- 4x DisplayPort (this has since been modified)
- 16 TFLOPS of compute
- $1499 price tag
The design of the card follows the same industrial design as the reference designs of the Radeon Fury X, and integrates a dual-pump cooler and external fan/radiator to keep both GPUs running cool.
Based on the slides leaked out today, AMD has revised the Radeon Pro Duo design to include a set of three DisplayPort connections and one HDMI port. This was a necessary change as the Oculus Rift requires an HDMI port to work; only the HTC Vive has built in support for a DisplayPort connection and even in that case you would need a full-size to mini-DisplayPort cable.
The 8GB of HBM (high bandwidth memory) on the card is split between the two Fiji XT GPUs on the card, just like other multi-GPU options on the market. The 350 watts power draw mark is exceptionally high, exceeded only by AMD's previous dual-GPU beast, the Radeon 295X2 that used 500+ watts and the NVIDIA GeForce GTX Titan Z that draws 375 watts!
Here is the specification breakdown of the Radeon Pro Duo. The card has 8192 total stream processors and 128 Compute Units, split evenly between the two GPUs. You are getting two full Fiji XT GPUs in this card, an impressive feat made possible in part by the use of High Bandwidth Memory and its smaller physical footprint.
|Radeon Pro Duo
|R9 Nano
|R9 Fury
|R9 Fury X
|GTX 980 Ti
|Fiji XT x 2
|Fiji XT
|Fiji Pro
|Fiji XT
|Hawaii XT
|GPU Cores
|Rated Clock
|up to 1000 MHz
|up to 1000 MHz
|1000 MHz
|1050 MHz
|1000 MHz
|1000 MHz
|1126 MHz
|1000 MHz
|Texture Units
|ROP Units
|8GB (4GB x 2)
|Memory Clock
|500 MHz
|500 MHz
|500 MHz
|500 MHz
|7000 MHz
|7000 MHz
|7000 MHz
|5000 MHz
|Memory Interface
|4096-bit (HMB) x 2
|4096-bit (HBM)
|4096-bit (HBM)
|4096-bit (HBM)
|Memory Bandwidth
|1024 GB/s
|512 GB/s
|512 GB/s
|512 GB/s
|336 GB/s
|336 GB/s
|224 GB/s
|320 GB/s
|350 watts
|175 watts
|275 watts
|275 watts
|250 watts
|250 watts
|165 watts
|290 watts
|Peak Compute
|Transistor Count
|8.9B x 2
|Process Tech
|MSRP (current)
The Radeon Pro Duo has a rated clock speed of up to 1000 MHz. That's the same clock speed as the R9 Fury and the rated "up to" frequency on the R9 Nano. It's worth noting that we did see a handful of instances where the R9 Nano's power limiting capability resulted in some extremely variable clock speeds in practice. AMD recently added a feature to its Crimson driver to disable power metering on the Nano, at the expense of more power draw, and I would assume the same option would work for the Pro Duo.
AMD Expands Wraith Air Cooler Lineup With More CPUs
Subject: Cases and Cooling, Processors | April 22, 2016 - 11:36 AM | Sebastian Peak
Tagged: Wraith, quiet computing, heatsink, cpu cooler, cpu, AMD Wraith, amd, air cooling
AMD has expanded the CPU lineup featuring their high-performance Wraith air cooling solution, with the quiet cooler now being offered with two more FX-series processors.
Image credit: The Tech Report
"AMD has heard the feedback from reviewers and PC users everywhere: the near-silent, capable AMD Wraith Cooler is a resounding success. The question they keep asking is, 'When will the Wraith Cooler be available on more AMD Processors?'
We're pleased to announce that the wait is over. The high-performance AMD FX 8350 and AMD FX 6350 processors now include a true premium thermal solution in the AMD Wraith Cooler, and each continues to deliver the most cores andthe highest clock rates in its class."
The lineup featuring AMD's most powerful air solution now includes the following products:
The Wraith cooler initially made its debut with the FX-8370 CPU, and was added to the new A10-7890K APU with the FM2+ refresh last month.
AMD licenses server processor technology to Chinese companies
Subject: Processors | April 21, 2016 - 06:02 PM | Ryan Shrout
Tagged: amd, Zen, China, chinese, licensing
As part of its earnings release today, it was announced that AMD has partnered with a combination of public and private Chinese companies to license its high-end server architecture and products. The Chinese company is called THATIC, Tianjin Haiguang Advanced Technology Investment Co. Ltd., and it will license x86 designs and SoC technology providing all the tools needed to make a server platform including CPUs, interconnects and controllers.
This move is important and intriguing in several ways. First, for AMD, this could be a step to get the company and its products some traction and growth after falling well behind Intel's Xeon platforms in the server space. Increasing the market share of AMD technology, in nearly any capacity, is a move the company needs to have any chance to return to profitability. For the Chinese government, it finally will get access to the x86 architecture, though not in the form of its own license.
By licensing the x86 designs to THATIC, AMD could create an entire host of competitors for itself as well as for Intel, which won't help Intel's in-roads into the Chinese markets for enterprise tech. Intel does not license out x86 technology at all, deciding instead to keep it completely in-house in hopes of being the single provider of processors for devices from the cloud to the smartphone.
The first products built by THATIC will likely use the upcoming Zen architecture, due out in early 2017. AMD creates an interesting space for itself with this partnership - the company will sell its own Zen-based chips that could compete with the custom designs the Chinese organization builds. It's possible that a non-compete of sales based on region is part of the arrangement.
Out of the gate, AMD expects to make $293 million from the deal as part of the joint-venture and also will make money based on royalties. That's great news for a company just posted another net loss for Q1 2016.
Sony plans PlayStation NEO with massive APU hardware upgrade
Subject: Graphics Cards, Processors | April 19, 2016 - 11:21 AM | Ryan Shrout
Tagged: sony, ps4, Playstation, neo, giant bomb, APU, amd
Based on a new report coming from Giant Bomb, Sony is set to release a new console this year with upgraded processing power and a focus on 4K capabilities, code named NEO. We have been hearing for several weeks that both Microsoft and Sony were planning partial generation upgrades but it appears that details for Sony's update have started leaking out in greater detail, if you believe the reports.
Giant Bomb isn't known for tossing around speculation and tends to only report details it can safely confirm. Austin Walker says "multiple sources have confirmed for us details of the project, which is internally referred to as the NEO."
The current PlayStation 4 APU
Image source: iFixIt.com
There are plenty of interesting details in the story, including Sony's determination to not split the user base with multiple consoles by forcing developers to have a mode for the "base" PS4 and one for NEO. But most interesting to us is the possible hardware upgrade.
The NEO will feature a higher clock speed than the original PS4, an improved GPU, and higher bandwidth on the memory. The documents we've received note that the HDD in the NEO is the same as that in the original PlayStation 4, but it's not clear if that means in terms of capacity or connection speed.
Games running in NEO mode will be able to use the hardware upgrades (and an additional 512 MiB in the memory budget) to offer increased and more stable frame rate and higher visual fidelity, at least when those games run at 1080p on HDTVs. The NEO will also support 4K image output, but games themselves are not required to be 4K native.
Giant Bomb even has details on the architectural changes.
|Shipping PS4
|8 Jaguar Cores @ 1.6 GHz
|8 Jaguar Cores @ 2.1 GHz
|AMD GCN, 18 CUs @ 800 MHz
|AMD GCN+, 36 CUs @ 911 MHz
|Stream Processors
|1152 SPs ~ HD 7870 equiv.
|2304 SPs ~ R9 390 equiv.
|8GB GDDR5 @ 176 GB/s
|8GB GDDR5 @ 218 GB/s
(We actually did a full video teardown of the PS4 on launch day!)
If the Compute Unit count is right from the GB report, then the PS4 NEO system will have 2,304 stream processors running at 911 MHz, giving it performance nearing that of a consumer Radeon R9 390 graphics card. The R9 390 has 2,560 SPs running at around 1.0 GHz, so while the NEO would be slower, it would be a substantial upgrade over the current PS4 hardware and the Xbox One. Memory bandwidth on NEO is still much lower than a desktop add-in card (218 GB/s vs 384 GB/s).
Could Sony's NEO platform rival the R9 390?
If the NEO hardware is based on Grenada / Hawaii GPU design, there are some interesting questions to ask. With the push into 4K that we expect with the upgraded PlayStation, it would be painful if the GPU didn't natively support HDMI 2.0 (4K @ 60 Hz). With the modularity of current semi-custom APU designs it is likely that AMD could swap out the display controller on NEO with one that can support HDMI 2.0 even though no consumer shipping graphics cards in the 300-series does so.
It is also POSSIBLE that NEO is based on the upcoming AMD Polaris GPU architecture, which supports HDR and HDMI 2.0 natively. That would be a much more impressive feat for both Sony and AMD, as we have yet to see Polaris released in any consumer GPU. Couple that with the variables of 14/16nm FinFET process production and you have a complicated production pipe that would need significant monitoring. It would potentially lower cost on the build side and lower power consumption for the NEO device, but I would be surprised if Sony wanted to take a chance on the first generation of tech from AMD / Samsung / Global Foundries.
However, if you look at recent rumors swirling about the June announcement of the Radeon R9 480 using the Polaris architecture, it is said to have 2,304 stream processors, perfectly matching the NEO specs above.
New features of the AMD Polaris architecture due this summer
There is a lot Sony and game developers could do with roughly twice the GPU compute capability on a console like NEO. This could make the PlayStation VR a much more comparable platform to the Oculus Rift and HTC Vive though the necessity to work with the original PS4 platform might hinder the upgrade path.
The other obvious use is to upgrade the image quality and/or rendering resolution of current games and games in development or just to improve the frame rate, an area that many current generation consoles seem to have been slipping on.
In the documents we've received, Sony offers suggestions for reaching 4K/UltraHD resolutions for NEO mode game builds, but they're also giving developers a degree of freedom with how to approach this. 4K TV owners should expect the NEO to upscale games to fit the format, but one place Sony is unwilling to bend is on frame rate. Throughout the documents, Sony repeatedly reminds developers that the frame rate of games in NEO Mode must meet or exceed the frame rate of the game on the original PS4 system.
There is still plenty to read in the Giant Bomb report, and I suggest you head over and do so. If you thought the summer was going to be interesting solely because of new GPU releases from AMD and NVIDIA, it appears that Sony and Microsoft have their own agenda as well.
Podcast #395 - AMD Driver Quality, New Intel and Micron SSDs, Corsair's SPEC-ALPHA and more!
Subject: General Tech | April 14, 2016 - 12:42 PM | Ken Addison
Tagged: video, TMX, Thrustmaster, podcast, omega, micron, Lian-Li, Intel, game ready, crimson, catalyst, bx300, amd
PC Perspective Podcast #395 - 04/14/2016
Join us this week as we discuss AMD Driver Quality, New Intel and Micron SSDs, Corsair's SPEC-ALPHA and more!
You can subscribe to us through iTunes and you can still access it directly through the RSS page HERE.
The URL for the podcast is: http://pcper.com/podcast - Share with your friends!
- iTunes - Subscribe to the podcast directly through the iTunes Store (audio only)
- Google Play - Subscribe to our audio podcast directly through Google Play!
- RSS - Subscribe through your regular RSS reader (audio only)
- MP3 - Direct download link to the MP3 file
This episode of the PC Perspective Podcast is sponsored by Lenovo!
Hosts: Ryan Shrout, Jeremy Hellstrom, Josh Walrath, Allyn Malventano, and Sebastian Peak
Program length: 1:08:28
Week in Review:
News items of interest:
Hardware/Software Picks of the Week
Ryan: Water Bears VR
Allyn: Piriform Speccy
Jeremy: Not intended for the other use
Sebastian: Instant BSOD satisfaction!
Subscribe to the PC Perspective YouTube Channel for more videos, reviews and podcasts!!
AMD Radeon Crimson Edition drivers continue quality improvement
Subject: Graphics Cards | April 11, 2016 - 11:23 AM | Ryan Shrout
Tagged: rtg, radeon technologies group, radeon, driver, crimson, amd
For longer than AMD would like to admit, Radeon drivers and software were often criticized for plaguing issues on performance, stability and features. As the graphics card market evolved and software became a critical part of the equation, that deficit affected AMD substantially.
In fact, despite the advantages that modern AMD Radeon parts typically have over GeForce options in terms of pure frame rate for your dollar, I recommended an NVIDIA GeForce GTX 970, 980 and 980 Ti for our three different VR Build Guides last month ($900, $1500, $2500) in large part due to confidence in NVIDIA's driver team to continue delivering updated drivers to provide excellent experiences for gamers.
But back in September of 2015 we started to see changes inside AMD. There was drastic reorganization of the company and those people in charge. AMD setup the Radeon Technologies Group, a new entity inside the organization that would have complete control over the graphics hardware and software directions. And it put one of the most respected people in the industry at its helm: Raja Koduri. On November 24th AMD launched Radeon Software Crimson, a totally new branding, style and implementation to control your Radeon GPU. I talked about it at the time, but the upgrade was noticeable; everything was faster, easier to find and…pretty.
Since then, AMD has rolled out several new drivers with key feature additions, improvements and of course, game performance increases. Thus far in 2016 the Radeon Technologies Group has released 7 new drivers, three of which have been WHQL certified. That is 100% more than they had during this same time last year when AMD released zero WHQL drivers and a big increase over the 1 TOTAL driver AMD released in Q1 of 2015.
Maybe most important of all, the team at Radeon Technologies Group claims to be putting a new emphasis on "day one" support for major PC titles. If implemented correctly, this gives enthusiasts and PC gamers that want to stay on the cutting edge of releases the ability to play optimized titles on the day of release. Getting updated drivers that fix bugs and improve performance weeks or months after release is great, but for gamers that may already be done with that game, the updates are worthless. AMD was guilty of this practice for years, having driver updates that would fix performance issues on Radeon hardware for reviewer testing but that missed the majority of the play time of early adopting consumers.
Thus far, AMD has only just started down this path. Newer games like Far Cry Primal, The Division, Hitman and Ashes of the Singularity all had drivers from AMD on or before release with performance improvements, CrossFire profiles or both. A few others were CLOSE to day one ready including Rise of the Tomb Raider, Plants vs Zombies 2 and Gears of War Ultimate Edition.
|Release Date
|First Driver Mention
|Driver Date
|Feature / Support
|Rise of the Tomb Raider
|Performance and CrossFire Profile
|Plants vs Zombies 2
|Gears Ultimate Edition
|Far Cry Primal
|CrossFire Profile
|The Division
|CrossFire Profile
|Performance, CrossFire Profile
|Need for Speed
|Performance, CrossFire Profile
|Ashes of the Singularity
AMD claims that the push for this "day one" experience will continue going forward, pointing at a 35% boost in performance in Quantum Break between Radeon Crimson 16.3.2 and 16.4.1. There will be plenty of opportunities in the coming weeks and months to test AMD (and NVIDIA) on this "day one" focus with PC titles that will have support for DX12, UWP and VR.
The software team at RTG has also added quite a few interesting features since the release of the first Radeon Crimson driver. Support for the Vulkan API and a DX12 capability called Quick Response Queue, along with new additions to the Radeon settings (Per-game display scaling, CrossFire status indicator, power efficiency toggle, etc.) are just a few.
Critical for consumers that were buying into VR, the Radeon Crimson drivers launched with support alongside the Oculus Rift and HTC Vive. Both of these new virtual reality systems are putting significant strain on the GPU of modern PCs and properly implementing support for techniques like timewarp is crucial to enabling a good user experience. Though Oculus and HTC / Valve were using NVIDIA based systems more or less exclusively during our time at the Game Developers Summit last month, AMD still has approved platforms and software from both vendors. In fact, in a recent change to the HTC Vive minimum specifications, Valve retroactively added the Radeon R9 280 to the list, giving a slight edge in component pricing to AMD.
AMD was also the first to enable full support for external graphics solutions like the Razer Core external enclosure in its drivers with XConnect. We wrote about that release in early March, and I'm eager to get my hands on a product combo to give it a shot. As of this writing and after talking with Razer, NVIDIA had still not fully implemented external GPU functionality for hot/live device removal.
When looking for some acceptance metric, AMD did point us to a survey they ran to measure the approval and satisfaction of Crimson. After 1700+ submission, the score customers gave them was a 4.4 out of 5.0 - pretty significant praise even coming from AMD customers. We don't exactly how the poll was run or in what location it was posted, but the Crimson driver release has definitely improved the perception that Radeon drivers have with many enthusiasts.
I'm not going to sit here and try to impart on everyone that AMD is absolved of past sins and we should immediately be converted into believers. What I can say is that the Radeon Technologies Group is moving in the right direction, down a path that shows a change in leadership and a change in mindset. I talked in September about the respect I had for Raja Koduri and interviewed him after AMD's Capsaicin event at GDC; you can already start to see the changes he is making inside this division. He has put a priority on software, not just on making it look pretty, but promising to make good on proper multi-GPU support, improved timeliness of releases and innovative features. AMD and RTG still have a ways to go before they can unwind years of negativity, but the ground work is there.
The company and every team member has a sizeable task ahead of them as we approach the summer. The Radeon Technologies Group will depend on the Polaris architecture and its products to swing back the pendulum against NVIDIA, gaining market share, mind share and respect. From what we have seen, Polaris looks impressive and differentiates from Hawaii and Fiji fairly dramatically. But this product was already well baked before Raja got total control and we might have to see another generation pass before the portfolio of GPUs can change around the institution. NVIDIA isn't sitting idle and the Pascal architecture also promises improved performance, while leaning on the work and investment in software and drivers that have gotten them to the dominant market leader position they are in today.
I'm looking forward to working with AMD throughout 2016 on what promises to be an exciting and market-shifting time period.
Podcast #394 - Measuring VR Performance, NVIDIA's Pascal GP100, Bristol Ridge APUs and more!
Subject: General Tech | April 7, 2016 - 02:47 PM | Ken Addison
Tagged: VR, vive, video, tesla p100, steamvr, Spectre 13.3, rift, podcast, perfmon, pascal, Oculus, nvidia, htc, hp, GP100, Bristol Ridge, APU, amd
PC Perspective Podcast #394 - 04/07/2016
Join us this week as we discuss measuring VR Performance, NVIDIA's Pascal GP100, Bristol Ridge APUs and more!
You can subscribe to us through iTunes and you can still access it directly through the RSS page HERE.
The URL for the podcast is: http://pcper.com/podcast - Share with your friends!
- iTunes - Subscribe to the podcast directly through the iTunes Store (audio only)
- RSS - Subscribe through your regular RSS reader (audio only)
- MP3 - Direct download link to the MP3 file
This episode of the PC Perspective Podcast is sponsored by Lenovo!
Hosts: Ryan Shrout, Jeremy Hellstrom, Josh Walrath and Allyn Malventano
Program length: 1:32:19
Week in Review:
0:46:25 This week's podcast is brought to you by Casper. Use code PCPER at checkout for $50 towards your order!
News items of interest:
Hardware/Software Picks of the Week
Ryan: Slack
Jeremy: Now you can have even less time
Allyn: Play old arcade games in your browser (archive.org)
Subscribe to the PC Perspective YouTube Channel for more videos, reviews and podcasts!!
AMD Pre-Announces 7th Gen A-Series SOC
Subject: Processors | April 5, 2016 - 06:30 AM | Josh Walrath
Tagged: mobile, hp, GCN, envy, ddr4, carrizo, Bristol Ridge, APU, amd, AM4
Today AMD is "pre-announcing" their latest 7th generation APU. Codenamed "Bristol Ridge", this new SOC is based off of the Excavator architecture featured in the previous Carrizo series of products. AMD provided very few hints as to what was new and different in Bristol Ridge as compared to Carrizo, but they have provided a few nice hints.
They were able to provide a die shot of the new Bristol Ridge APU and there are some interesting differences between it and the previous Carrizo. Unfortunately, there really are no changes that we can see from this shot. Those new functional units that you are tempted to speculate about? For some reason AMD decided to widen out the shot of this die. Those extra units around the border? They are the adjacent dies on the wafer. I was bamboozled at first, but happily Marc Sauter pointed it out to me. No new functional units for you!
This is the Carrizo shot. It is functionally identical to what we see with Bristol Ridge.
AMD appears to be using the same 28 nm HKMG process from GLOBALFOUNDRIES. This is not going to give AMD much of a jump, but from information in the industry GLOBALFOUNDRIES and others have put an impressive amount of work into several generations of 28 nm products. TSMC is on their third iteration which has improved power and clock capabilities on that node. GLOBALFOUNDRIES has continued to improve their particular process and likely Bristol Ridge is going to be the last APU built on that node.
All of the competing chips are rated at 15 watts TDP. Intel has the compute advantage, but AMD is cleaning up when it comes to graphics.
The company has also continued to improve upon their power gating and clocking technologies to keep TDPs low, yet performance high. AMD recently released the Godavari APUs to the market which exhibit better clocking and power characteristics from the previous Kaveri. Little was done on the actual design, rather it was improved process tech as well as better clock control algorithms that achieved these advances. It appears as though AMD has continued this trend with Bristol Ridge.
We likely are not seeing per clock increases, but rather higher and longer sustained clockspeeds providing the performance boost that we are seeing between Carrizo and Bristol Ridge. In these benchmarks AMD is using 15 watt TDP products. These are mobile chips and any power improvements will show off significant gains in overall performance. Bristol Ridge is still a native quad core part with what looks to be an 8 module GCN unit.
Again with all three products at a 15 watt TDP we can see that AMD is squeezing every bit of performance it can with the 28 nm process and their Excavator based design.
The basic core and GPU design look relatively unchanged, but obviously there were a lot of tweaks applied to give the better performance at comparable TDPs.
AMD is announcing this along with the first product that will feature this APU. The HP Envy X360. This convertible tablet offers some very nice features and looks to be one of the better implementations that AMD has seen using its latest APUs. Carrizo had some wins, but taking marketshare back from Intel in the mobile space has been tortuous at best. AMD obviously hopes that Bristol Ridge in the sub-35 watt range will continue to show fight for the company in this important market. Perhaps one of the more interesting features is the option for the PCIe SSD. Hopefully AMD will send out a few samples so we can see what a more "premium" type convertible can do with the AMD silicon.
The HP Envy X360 convertible in all of its glory.
Bristol Ridge will be coming to the AM4 socket infrastructure in what appears to be a Computex timeframe. These parts will of course feature higher TDPs than what we are seeing here with the 15 watt unit that was tested. It seems at that time AMD will announce the full lineup from top to bottom and start seeding the market with AM4 boards that will eventually house the "Zen" CPUs that will show up in late 2016.
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Let's look at a recent online marketing phenomenon that I'll call the Next Slide approach, or perhaps, the Slidecast Concept.
Publishers of all sorts, mostly large, like BusinessWeek (and others) are leveraging a new idea that can be compared to a micro-site, or a landing page. The goal in all ad-based traffic is to get people to click through, so how do you do that today? How do you compete with blogs, podcasts, video, slideshows, flash?
You don't, really.
But what you can do is chunk up your own content so that people click through to read the entire article or, as it stands now, the slide show. If your business model depends on page views, then you can encourage multiple views by only giving pieces or chunks or slides of a presentation to your readers. If the content is good, they'll keep clicking and theoretically, get to a page where an advertiser has something to offer and they click out to that page.
I participated in a real-time Twitter event for Shiftboard, the online scheduling software company I've talked about before, and thought we might make it into an article. The result was they turned the discussion into a special report that included more in-depth discussion with some of the participants, into video interviews, and into a couple of traditional articles. If you deal with managing remote workers or virtual workforces, it may be worth a read for you.
The slidecast concept can be a great way to showcase different products or services that are content-heavy. In my opinion, it works, but I can also see where it might drive some readers crazy. They want to read it all in one burst, not in multiple clicks. I've seen some publishers offer a "View On One Page" link right at the start. Inc magazine might have been the one.
Of course, you could do all of this at a SlideShare.com or Jing project type of site.
TJ McCue is the strategic content guy at Q4 Sales and founder of Sales Rescue Team. He can be found at Twitter.

subset: commoncrawl


text:
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Burdening ingots
Found: 1 products← Back to category "Scrap metal"
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Eat Vegan on $4 A Day
A Game Plan for th Budget-Conscious Cook
Ellen Jaffe Jones
This book is available for download with iBooks on your Mac or iOS device, and with iTunes on your computer. Books can be read with iBooks on your Mac or iOS device.
Not only can a plant-based diet be good for your health, it can also be easy on your budget! Discover how to give your shopping cart a makeover, learn how to forgo expensive processed foods and get the most flavor out of high-quality basic ingredients. Ellen Jaffe Jones has scoured the shelves of popular supermarkets and big-box stores and calculated exactly how to eat three nutritious, delicious, satisfying meals for no more than $4 per person per day—less than an average meal at a fast food outlet. Each recipe is accompanied by the cost per serving. And from soups and salads to entrées and desserts, the flavors are as impressive as the savings. Tips on financial planning for food shopping, a basic review of plant-based nutrition and cooking, and a look at the hidden food-industry politics behind grocery store pricing and product placement gives readers the tools they need for planning wholesome, inexpensive daily and weekly menus. And because these meals are healthful, there will be additional long term savings by reducing future medical expenses for treating diet-related diseases.
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October 22, 2010
M.S. THROUGH HIS PARENTS AND NATURAL GUARSIANS, M.E.S. AND M.A.S., AND M.E.S. AND M.A.S. IN THEIR OWN RIGHT, PLAINTIFFS,v.WOODLAND HILLS SCHOOL DISTRICT, DEFENDANT.
In this civil rights action, Plaintiffs, on behalf of themselves and the minor Plaintiff, who was an autistic six-year old at the time of the complained-of actions, allege that Defendant failed to properly deal with and accommodate the minor Plaintiff's disabilities. Accordingly, Plaintiff seeks damages and other relief pursuant to the Individuals with Disabilities Education Improvement Act ("IDEA"), 20 U.S.C. ' 1401, et seq., the Civil Rights Act, 42 U.S.C. ' 1983, the Rehabilitation Act, 29 U.S.C. " 701, 704, 294(a), and Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. '12101, et seq.
Before the Court is Defendant's Motion to Dismiss Count III of the Complaint, pursuant to Fed. R. Civ. P. 12(b)(6), and for a More Definite Statement, or to Strike, pursuant to Fed. R. Civ. P. 12(e) and (f). For the following reasons, the Motion to Dismiss will be granted, without prejudice. The Motion for a More Definite Statement or to Strike will be denied.
In deciding a motion to dismiss, all factual allegations, and all reasonable inferences therefrom, must be accepted as true and viewed in a light most favorable to the plaintiff. Colburn v. Upper Darby Twp., 838 F. 2d 66, 666 (3d Cir. 1988). In ruling a motion for failure to state a claim, I must look to "whether sufficient facts are pleaded to determine that the complaint is not frivolous, and to provide the defendants with adequate notice to frame an answer." Id. at 666. Complaints "need not plead law or match facts to every element of a legal theory." Weston v. Pennsylvania, 251 F. 3d 420, 429 (3d Cir. 2001). A plaintiff must "nudge [her] claims across the line from conceivable to plausible" in order to survive a motion to dismiss. Bell Atlantic Corp. v. Twombly, U.S. , 127 S.Ct. 1955, 1974, 167 L.Ed. 2d 929 (2007). A complaint must contain "enough factual matter (taken as true) to suggest" the elements of the claims asserted. Phillips v. County of Allegheny, 515 F.3d 224, 234 (3d Cir. 2008).
First, Defendant contends that Count III of Plaintiffs' Complaint impermissibly attempts to state a Section 1983 claim for violations of the IDEA, Section 504 of the Rehabilitation Act, and the ADA. Section 1983 is not an appropriate vehicle for such claims. See A.W. v. Jersey City Public Schools, 486 F. 3d 791 (3d Cir. 2007), and Taylor v. Altoona School Dist., 513 F. Supp. 2d 540 (W.D. Pa. 2007). Indeed, Count III appears to be premised on statutory violations, but Plaintiffs acknowledge that they cannot maintain a Section 1983 claim based solely on such violations. To the extent that Plaintiffs intended to pursue such claims, I find that they may not do so.
Plaintiffs counter, however, that their Section 1983 claim is not based solely on statutory violations. Instead, they contend, they raise a substantive due process Monell claim for breach of the fundamental due process right to direct the education and upbringing of their child, and to receive a meaningful benefit from free and appropriate public education ("FAPE"), and an equal protection "class of one" claim. While Plaintiffs' Brief contains synopses of pertinent due process and equal protection law, the Complaint itself does not actually suggest such claims. For example, Plaintiffs note that a "class of one" claim may stand where the plaintiff alleges differential treatment from others similarly situated, but there is no such allegation in the Complaint. Alleging "discrimination" is simply not the equivalent of alleging treatment unlike that afforded other, similarly situated people. Likewise, Plaintiffs point to no reference, in the Complaint, of their right to guide their child's education. Conclusory statements, to the effect that Defendant's conduct violated Plaintiffs' 14th Amendment rights, are insufficient under the circumstances. While the presence of particular words is not essential for satisfactory pleading, a complaint must sufficiently apprise a defendant of the charges against him. The 14th Amendment encompasses a myriad of possible rights, and Defendant is entitled to know which it is charged with violating. According to applicable standards, Plaintiffs have not adequately stated a claim for "class of one" equal protection, or violation of parental rights afforded by the Constitution. Count III, therefore, will be dismissed without prejudice.
Finally, Defendants contend that Plaintiffs' Complaint contains excessive factual detail, which violates Fed. R. Civ. P. 8's requirement of simple, concise, and direct allegations. As a related matter, they contend that paragraphs 39 through 214 of the Complaint are unnecessary and excessive, and should be stricken. Courts should dismiss pleadings for failure to comply with Rule 8 only if the pleading is "so confused, ambiguous, vague or otherwise unintelligible that its true substance, if any, is well disguised." Martin v. Warrington, No. 1-1178, 2002 U.S. Dist. LEXIS 3502, at *3 (E.D. Pa. Mar. 4, 2002). Plaintiffs' Complaint is indeed lengthy, but acceptable. It is not so confused, ambiguous, or otherwise unintelligible so as to preclude Defendant from formulating a response or discerning the nature of the claims against it.
Additionally, striking portions of the pleading is unwarranted. Thus, the Motions for More Definite Statement, and to Strike, will be denied.
In sum, under applicable standards, Defendant's Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) is granted, with respect to Plaintiff's Section 1983 claim. Its Motion for More Definite Statement, and to Strike, will be denied. An appropriate Order follows.
AND NOW, this 22nd day of October, 2010, it is hereby
ORDERED, ADJUDGED, and DECREED that Defendant's Motion to Dismiss is GRANTED. The Motion is GRANTED to the extent that Plaintiff's Section 1983 claims are dismissed, without prejudice. Plaintiff may file an Amended Complaint within ten (10) days from the date of this Order. Defendant's Motions for More Definite Statement and to Strike are DENIED.
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New Order Play At Cold War Space Centre
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|WikiProject Java
|(Rated Start-class, Low-importance)
|WikiProject Free Software / Software / Computing
|(Rated Start-class)
I just wanted to point out that the June 24 edit from an anonymous account at 188.8.131.52 is an opinion (rather than fact), inappropriate, and probably off topic as well. I didn't want to go changing things, since I'm just a passer-by, but I did want to bring it to the attention of those who are more involved in maintaining this article than I. 184.108.40.206 (talk) 21:13, 6 July 2010 (UTC)
I'm a bit concerned about possible copyright violations here eg. http://wwws.sun.com/software/jini/overview/ Please justify this. Aldie 13:12 Feb 20, 2003 (UTC)
I would like have a button and/or section for pre-publish articles, where the user can add information from different webpages. Later, the user can create the article. talk
This is a lack for this Jini article. From where can one obtain information about JINI??. Evidently from Sun and the open community. I would like include this Jini article in the pre-publish feature of JINI.
Later, one can erase part, add comments or introduce original sources. What about an article with bad information about JINI???.
Current Status[edit]
Per this article, Jini is being (has been?) transferred to Apache. A google search for Jini yields very little, and most articles are hype from 99-01. Why has this technology seemingly fallen flat on its face? Should there be any mention of any of this? A decade ago, this was the best thing since sliced bread. Now it's difficult to find any information on it, and I've yet to discover an instance where it has been implemented. I'd add this stuff, but frankly I don't know the answer to any of it.
- According to a passing reference at [1], Microsoft's Universal Plug and Play somehow disrupted the plans. 188.8.131.52 (talk) 04:07, 16 April 2009 (UTC)
- That brings me to another question. When I read about Jini, I find myself getting two different definitions of it. One is that Jini is another plug-and-play type service for connecting peripherals. Another definition basically says it's a type of SOA. So which is it? I mean, there are parallels between the two, but the applications of each are totally different. One is for everyday users connecting things to their machine and the other is a tool for developers in creating distributed systems. —Preceding unsigned comment added by 188.8.131.52 (talk) 18:00, 17 April 2009 (UTC)
Jini birth[edit]
"Sun introduced Jini on July, 1998. On November from the same year Sun announced that there were some firms already supporting Jini.". This information was stated by José Manuel Estrada from Sun on November 4th, 1998, at Lotus Symposium 8 hosted in Madrid, Spain. As I recall, this July 1998 date was meant for "first released" rather than "started development". -Ignacio Agulló. —Preceding unsigned comment added by 18.104.22.168 (talk) 09:56, 25 April 2009 (UTC)
Real world applications[edit]
This article lacks information on real world applications. A web search will find you lots of simple Jini example code but I can't find anything that documents real-world use of Jini in production systems. The JavaSpaces page makes some mention of JavaSpaces (a technology that builds on Jini) being used in the financial and telco industries, but how about plain Jini (without JavaSpaces)? If anyone knows of any such examples please add them in a new section to this article. Robert (talk) 02:25, 27 April 2009 (UTC)
How does Jini relate to OSGi (if at all)? Does OSGi largely replaced Jini? It seems to service many of the same purposes. — Preceding unsigned comment added by 184.108.40.206 (talk) 09:25, 3 June 2013 (UTC)
- Start-Class Java articles
- Low-importance Java articles
- WikiProject Java articles
- Start-Class Free software articles
- Unknown-importance Free software articles
- Start-Class software articles
- Unknown-importance software articles
- All Software articles
- Start-Class Computing articles
- Unknown-importance Computing articles
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- WikiProject Free Software articles


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June 9, 2009
JUAN M. VAZQUEZ, PLAINTIFF,v.DEVON BROWN, ET AL., DEFENDANTS.
SIMANDLE, District Judge
This matter is before the Court upon Plaintiff's motion to reopen the time to file an appeal [Docket Item 96] and his motion to file a supplemental pleading [Docket Item 101], both of which are unopposed.
1. Plaintiff Juan M. Vazquez, who is presently confined at Southern State Correctional Facility ("SSCF") and is proceeding pro se, filed this action on November 26, 2003 pursuant to 42 U.S.C. § 1983, alleging that Defendants violated his constitutional rights. Plaintiff's allegations and the lengthy procedural history of this case have been discussed in this Court's prior Opinions [e.g., Docket Items 72 and 93], and are reviewed herein only to the extent necessary to resolve the motions presently under consideration.
2. In its October 30, 2008 Opinion and Order [Docket Items 93 and 94], this Court denied Plaintiff's motion for reconsideration of its March 18, 2008 Opinion and also denied Plaintiff's motion for a temporary restraining order and/or a preliminary injunction.*fn1 With regard to Plaintiff's motion for reconsideration of the Court's earlier denial of Plaintiff's motions requesting the recusal of the undersigned and the imposition of sanctions against Defendants, the Court determined that Plaintiff failed to present "the need to correct a clear error of law or fact," Max's Seafood Café ex rel. Lou-Ann, Inc., v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999), sufficient to justify reconsideration pursuant to Rule 7.1(i), L. Civ. R., and denied the motion.
3. As to Plaintiff's motion for injunctive relief, the Court explained that Plaintiff primarily sought to enjoin conduct at penal institutions where he was no longer confined, which relief the Court had previously determined that Plaintiff lacked standing to pursue.*fn2 The Court found that Plaintiff had, however, sought limited injunctive relief seeking to enjoin allegedly unlawful conduct at SSCF, his place of present confinement -- namely, an order from this Court requiring that the prison provide Plaintiff with certain religious objects under the conditions Plaintiff desired -- but denied Plaintiff's motion for injunctive relief on account of Plaintiff's failure to demonstrate that he was likely to prevail on the merits of such claims.
4. On or about October 30, 2008, the Clerk's office attempted to mail Plaintiff a copy of the Court's Opinion and Order, but on November 5, 2008, this mail was returned to the Court as undeliverable [Docket Item 95], apparently, it was later determined, on account of the fact that the spelling of Plaintiff's last name apparently did not match SSCF's records. On January 26, 2009, the Clerk's office resent a copy of the October 30, 2008 Opinion and Order to Plaintiff, who filed a motion seeking to reopen the time to appeal on February 5, 2009 [Docket Item 96] and a motion seeking leave to file a supplemental pleading on February 26, 2009 [Docket Item 101].
5. First, the Court will grant Plaintiff's motion to reopen the time to file an appeal. Pursuant to Rule 4(a)(6), Fed. R. App. P., a district court "may reopen the time to file an appeal for a period of 14 days after the date when its order to reopen is entered," if three requirements are satisfied: (1) "the court finds that the moving party did not receive notice under Federal Rule of Civil Procedure 77(d) of the entry of the judgment or order sought to be appealed within 21 days after entry"; (2) "the motion is filed within 180 days after the judgment or order is entered or within 7 days after the moving party receives notice under Federal Rule of Civil Procedure 77(d) of the entry, whichever is earlier"; and (3) no party would be prejudiced.
Fed. R. App. P. 4(a)(6).
6. Each of these requirements is met here.*fn3 First, Plaintiff did not receive notice of the Court's October 30, 2008 Order until January 27, 2009 when the Clerk's office resent a copy of the Opinion to Plaintiff.*fn4 Second, as to the timeliness of Plaintiff's motion to reopen, while Plaintiff's motion did not appear on the electronic docket until February 5, 2009, Plaintiff wrote the words "DATED: February 2, 2009" at the bottom of his moving papers. (Docket Item 96 at 1.) The Court will thus assume that February 2, 2009 was the date Plaintiff "delivered the [pleadings] to prison authorities for forwarding to the District Court," Houston v. Lack, 487 U.S. 266, 270 (1988), meaning that the instant motion was timely filed. See, e.g., Muhammad v. Department of Corrections, No. 05-4999, 2008 WL 4911876, at *6 n.9 (D.N.J. Nov. 12, 2008). Third, the Court is aware of nothing to suggest that Defendants would be prejudiced by reopening the period for Plaintiff to file an appeal, and, indeed, Plaintiff's motion is unopposed by Defendants. The Court will thus grant Plaintiff's motion to "reopen the time to file an appeal for a period of 14 days after the date when [the accompanying Order] to reopen is entered." Fed. R. App. P. 4(a)(6).
7. Finally, with regard to Plaintiff's motion for leave to file a supplemental pleading [Docket Item 101], the Court, for the reasons that follow, will deny Plaintiff's motion without prejudice to refiling consistent with the following considerations. While Plaintiff has styled this motion as one seeking leave to file a supplemental pleading pursuant to Rule 15(d), Fed. R. Civ. P., his brief and the documents submitted therewith make clear that Plaintiff seeks in fact to supplement the record with newly discovered evidence (including various letters, administrative remedy forms, and an affidavit).*fn5
8. This Court cannot expand the appellate record to include evidence it did not consider when deciding the injunctive Order Plaintiff now seeks to appeal. "Appellate review is ordinarily unaffected by matters not contained in the record." Goland v. Central Intelligence Agency, 607 F.2d 339, 370 (D.C. Cir. 1978). The "record," as the Federal Rules of Appellate Procedure make plain, consists of "(1) the original papers and exhibits filed in the district court; (2) the transcript of proceedings, if any; and (3) a certified copy of the docket entries prepared by the district clerk." Fed. R. App. P. 10(a). While the Rules provide that "[i]f anything material to either party is omitted from or misstated in the record by error or accident, the omission or misstatement may be corrected and a supplemental record may be certified and forwarded," Fed. R. App. P. 10(e)(2) (emphasis added), "Rule 10(e)(2) allows amendment of the record on appeal only to correct inadvertent omissions, not to introduce new evidence." In re Application of Adan, 437 F.3d 381, 389 n.3 (3d Cir. 2006) (emphasis added).*fn6 To the extent that Plaintiff seeks to expand the record to include newly discovered evidence that was not presented to this Court, such "questions as to the . . . content of the record must be presented to the court of appeals."*fn7 Fed. R. App. P. 10(e)(3).
9. The Court will thus deny Plaintiff's motion for leave to expand the appellate record to include evidence which the Court had not received and thus did not consider in denying his motion for preliminary injunctive relief. See Adan, 437 F.3d at 389 n.3. To the extent Plaintiff seeks in the future to supplement his pleadings with allegations "setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented," Fed. R. Civ. P. 15(d) -- that is, a pleading designed to "bring the action 'up to date,'" Ruston v. General Telephone Co. of the Southwest, 115 F.R.D. 330, 332 n.1 (S.D. Tex. 1987) (citation omitted) -- the denial of Plaintiff's motion is without prejudice. The accompanying Order is entered.
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I ordered this product for my Lab who has severe reactions to thunder and fireworks. First off, the instructions for fitting the wrap straps around the rear legs is not clear. Second, once I figured that out, he couldn't walk. It was as if his rear legs were paralyzed. Needless to say, I wasn't pleased with the wrap. I have since gone to the Adaptil pheromone collar and ProQuiet tablets with great results.
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|Page (1) of 1 - 06/04/12
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Page: 1
Related Keywords:US-TEC-Google-Acquisition, Ownership changes, Corporate news, Business
Source:Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.. All Rights Reserved


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March 26, 2012
STEPHANIE JOHNSON, PLAINTIFF,v.MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her application for supplemental security income ("SSI") under Title XVI of the Social Security Act. For the reasons discussed below, the court grants plaintiff's motion for summary judgment, denies the Commissioner's cross-motion for summary judgment, and remands the case for further proceedings.
I. Factual and Procedural Background
Plaintiff filed an application for supplemental security income on January 9, 2009, alleging that she had been disabled since May 1, 2008. Administrative Record ("AR") 11. Plaintiff's application was denied initially and upon reconsideration, and plaintiff requested a hearing. Id. On March 3, 2010, a hearing was held before administrative law judge ("ALJ")
Mark C. Ramsey. Id. at 24-41. Plaintiff, was represented by attorney Richard G. Grogan at the hearing, at which plaintiff testified. Id.
On May 21, 2010, the ALJ issued a decision finding that plaintiff was not disabled.*fn1 Id. at 11-20. The ALJ made the following specific findings:
1. The claimant has not engaged in substantial gainful activity since January 9, 2009, the application date (20 CFR 416.971, et seq.).
2. The claimant has the following severe impairments: Celiac disease, chronic fatigue, thyroid disease, obesity, and fibromyalgia (20 CFR 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 CFR Part 404, Subpart P, Appendix 1 (20 CFR 416.920(d), 416.925 and 416.926). ...
4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 416.967(b). ...
5. The claimant is capable of performing past relevant work as a crisis counselor. This work does not require the performance of work related activities precluded by the claimant's residual functional capacity (20 CFR 416.965). ...
6. The claimant has not been under a disability, as defined in the Social Security Act, since January 9, 2009, the date the application was filed (20 CFR 416.920(f)).
Id. at 13-19.
Plaintiff requested that the Appeals Council review the ALJ's decision. Id. at 6-7. However, on July 28, 2010, the Appeals Council denied review, leaving the ALJ's decision as the "final decision of the Commissioner of Social Security." Id. at 1-5.
II. Standard of Review
The Commissioner's decision that a plaintiff is not disabled will be upheld if the findings of fact are supported by substantial evidence in the record and the proper legal standards were applied. Schneider v. Comm'r of the Soc. Sec. Admin., 223 F.3d 968, 973 (9th Cir. 2000); Morgan v. Comm'r of the Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir. 1999); Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir. 1999).
The findings of the Commissioner as to any fact, if supported by substantial evidence, are conclusive. See Miller v. Heckler, 770 F.2d 845, 847 (9th Cir. 1985). Substantial evidence is more than a mere scintilla, but less than a preponderance. Saelee v. Chater, 94 F.3d 520, 521 (9th Cir. 1996). "'It means such evidence as a reasonable mind might accept as adequate to support a conclusion.'" Richardson v. Perales, 402 U.S. 389, 401 (1971) (quoting Consol. Edison Co. v. N.L.R.B., 305 U.S. 197, 229 (1938)).
"The ALJ is responsible for determining credibility, resolving conflicts in medical testimony, and resolving ambiguities." Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir. 2001) (citations omitted). "Where the evidence is susceptible to more than one rational interpretation, one of which supports the ALJ's decision, the ALJ's conclusion must be upheld." Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir. 2002).
III. Analysis
Plaintiff argues that the ALJ erred in failing to develop the record regarding her physical residual functional capacity and her chronic fatigue syndrome.*fn2 Specifically, plaintiff argues that the ALJ did not obtain a physical RFC assessment by any physician, did not re-contact plaintiff's treating doctors, and did not follow a Social Security Ruling regarding chronic fatigue syndrome. Dckt. No. 20 at 19-21.
An ALJ has a duty "to fully and fairly develop the record and to assure the claimant's interests are considered." Brown v. Heckler, 713 F.2d 441, 443 (9th Cir. 1983). The duty to develop the record is "triggered only when there is ambiguous evidence or when the record is inadequate to allow for proper evaluation of the evidence." Mayes v. Massanari, 276 F.3d 453, 459--60 (9th Cir. 2001). "Ambiguous evidence, or the ALJ's own finding that the record is inadequate to allow for proper evaluation of the evidence, triggers the ALJ's duty to conduct an appropriate inquiry." Tonapetyan v. Halter, 242 F.3d 1144 (9th Cir. 2001). "A specific finding of ambiguity or inadequacy of the record is not necessary to trigger this duty to inquire, where the record establishes ambiguity or inadequacy." McLeod v. Astrue, 640 F.3d 881, 885 (9th Cir. 2011).
Here, the ALJ found that plaintiff had the severe physical impairments of celiac disease, chronic fatigue, thyroid disease, obesity, and fibromyalgia, but had the RFC to perform only light work, even though there was no physical RFC assessment in the record. The conclusion suggests that the record was apparently inadequate to allow for the proper evaluation of the evidence. Because the ALJ did not base the RFC finding on any medical opinion in the record, it is implicit in his decision that the record was not adequate to do so.
Defendant argues that the ALJ's RFC determination--that plaintiff had the capacity to perform light work--was supported by the non-examining opinions of state agency doctors Tambellini and David, who both opined that plaintiff's physical impairments were non-severe. Dckt. No. 22 at 7. Apparently after reviewing plaintiff's medical records, Dr. Tambellini filled out a RFC assessment pertaining only to plaintiff's psychiatric impairments and recommended that plaintiff be categorized as "non-severe."*fn3 AR 388-89. Tambellini wrote that plaintiff had the "Non-severe physical impairments celiac disease . . . and fibromyalgia . . . after review of records finds no significant limitations or lab results to support significant problems." Id. at 389. Thus, Dr. Tambellini opined that both plaintiff's mental and physical impairments were non-severe, yet only assessed mental limitations on plaintiff's RFC rather than physical limitations.*fn4
Similarly, Dr. David completed a case analysis form in which he wrote that plaintiff was "physically non-severe," "with lots of subj[ective] limits." AR 423. Dr. David listed plaintiff's medications, but gave no details supporting his finding that plaintiff's physical impairments were non-severe. Thus, both doctors found that plaintiff's physical impairments were non-severe--that is, that plaintiff's physical impairments had no more than a minimal effect on her ability to work.
See AR 12; 20 CFR 416.921. Because the doctors found that plaintiff's physical impairments had only a minimal effect on her ability to work, if any, they did not fill out physical residual functional capacity assessments. The ALJ, however, disagreed.
Contrary to defendant's argument that the ALJ based his decision on Dr. Tambellini and Dr. David's opinions, the ALJ rejected their opinions. Instead, he found that plaintiff's physical impairments of celiac disease, chronic fatigue, thyroid disease, obesity, and fibromyalgia were all "severe"--that is, all significantly limited her ability to perform basic work activities. AR 13. Had the ALJ relied on the state agency consulting doctors' opinions, he would have found that plaintiff could perform a full range of medium and heavy work as well as light work. Instead, the ALJ found that plaintiff had a severe impairment that limited her to performing only "light" work. Id. at 15. The problem is that the "light" work RFC determination does not appear to be supported by an medical opinions in the record.
Thus, the ALJ necessarily rejected the only medical opinions in the record regarding the severity of plaintiff's physical impairments. The record does not contain a medical opinion or physical RFC assessment that even roughly corresponds with the ALJ's physical RFC finding. The ALJ's finding that plaintiff was severely impaired and limited to light work went far beyond the medical opinions in the record. Implicitly, the ALJ's finding that plaintiff was limited to light work, when the only medical opinions in the record were that plaintiff could perform an entire range of work, necessarily shows that the ALJ considered the medical opinions before him to be inadequate. Then, however, rather than obtain an adequate medical opinion as to the plaintiff's RFC, the ALJ essentially substituted his own untrained opinion for that of a medical professional.
The ALJ should have 1) recontacted plaintiff's treating physicians or 2) arranged for a consultative examination. See 20 CFR § 404.1512(e) ("When the evidence we receive from your treating physician . . . is inadequate for us to determine whether you are disabled, we will need additional information to reach a determination or a decision. To obtain the information, we will . . . recontact your treating physician or psychologist or other medical source to determine whether the additional information we need is readily available"), (f) ("If the information we need is not readily available from the records of your medical treatment source, or we are unable to seek clarification from your medical source, we will ask you to attend one or more consultative examinations at our expense"). See also Reed v. Massanari, 270 F.3d 838, 841 (9th Cir. 2001) (holding that where a case involves an ambiguity or an insufficiency in the evidence that must be resolved, a consultative examination should normally be ordered).
Furthermore, the ALJ erred in not following the rules applying to cases involving chronic fatigue syndrome, as set out in SSR 99-2p. As noted above, the ALJ found that plaintiff suffered from the severe impairment of chronic fatigue, yet he did not follow the dictates of the ruling. Specifically, the ALJ failed to "ask the treating or other medical source(s) to provide information about the extent and duration of an individual's impairment(s), including observations and opinions about how well the individual is able to function, the effects of any treatment, including side effects, and how long the impairment(s) is expected to limit the individual's ability to function." SSR 99-2p at *7.
IV. Conclusion
The ALJ failed to meet his duty of developing the record, as the medical evidence in the record regarding plaintiff's physical RFC was inadequate, and the ALJ did not contact plaintiff's treating medical providers for more information and did not arrange for a consultative examination. Accordingly, it is hereby ORDERED that:
1. Plaintiff's motion for summary judgment is granted;
2. Defendant's cross-motion for summary judgment is denied;
3. The Clerk is directed to enter judgment in plaintiff's favor; and
4. The case is remanded for further proceedings consistent with this opinion.
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We describe a laser-scanning two-photon fluorescence microscope that is capable of observing single molecules with excellent temporal resolution and three-dimensional spatial resolution. To demonstrate the capabilities of the instrument we present single-molecule fluorescence data obtained in several different scanning modes. In addition, a polarization-sensitive detection scheme can provide detailed three-dimensional information about the orientations of molecules in any of these scanning modes.
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Nice slow cooker
This slow cooker works great. The quality seems good and I would not hesitate recommending this item. I found that the highest setting heats quickly and cooks the food rapidly, so if you wanted the food for much later in the day, I would use a lower setting.
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