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March 18, 2011
ANTOINETTE ADKINS,PLAINTIFF,v.MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY,DEFENDANT.
(Doc. 1)
Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security (the "Commissioner" or "Defendant") denying her applications for disability insurance benefits ("DIB") and Supplemental Security Income ("SSI") pursuant to Titles II and XVI of the Social Security Act. 42 U.S.C. §§ 405(g), 1383(c)(3). The matter is currently before the Court on the parties' briefs, which were submitted, without oral argument, to the Honorable Sheila K. Oberto, United States Magistrate Judge.*fn1
Plaintiff was born in 1949, completed high school, and previously worked as a child care provider. (Administrative Record ("AR") 243, 257, 262.) Plaintiff stopped working in 2002 because she "couldn't do it any more." (AR 127, 256.) On July 15, 2003, Plaintiff filed applications for DIB and SSI, alleging disability beginning on April 29, 2003, due to renal rickets, arthritis, and osteoporosis. (AR 32, 243-46, 256.)
A. Medical Evidence
1. State Agency Physicians
On July 13, 2004, James B. Peery, M.D., a state agency physician, assessed Plaintiff's physical residual functional capacity ("RFC").*fn2 Dr. Peery opined that Plaintiff could (1) occasionally lift and/or carry 50 pounds and frequently 25 pounds; (2) stand and/or walk for a total of about six hours in an eight-hour workday; (3) sit for about six hours in an eight-hour workday; and (4) perform unlimited pushing and/or pulling with the upper extremities. (AR 353.) Plaintiff had no postural, manipulative, visual, communicative, or environmental limitations. (AR 354-56.) Therefore, Plaintiff was able to perform her past relevant work as a day care worker. (AR 30, 360.) On November 13, 2004, another state agency physician, James V. Glaser, M.D., affirmed Dr. Peery's assessment. (AR 359.)
2. Gilbert Sunio, M.D.
On May 29, 2004, Dr. Sunio, a board-certified internist, performed a consultative examination of Plaintiff. (AR 347-51.) Plaintiff's chief complaints were osteoarthritis, osteoporosis, rickets, and low back and joint pain. (AR 347.) Plaintiff reported that she could do housework very slowly and drive for short distances, but could not stand very long or walk very far because of pain.
(AR 348.) Dr. Sunio noted that Plaintiff was able to walk to the examination room and get on and off the examination table without assistance. (AR 348.) Her gait was normal but slow, and she used a cane to ambulate. (AR 349.) Plaintiff was 59 inches tall, weighed 279 pounds, and had tenderness in the lumbar spine area and minimal tenderness and crepitus in both knee and hip joints. (AR 348, 350.)
Dr. Sunio assessed osteoarthritis, mostly involving the lumbar spine and hip and knee joints, history of osteoporosis, history of rickets, chronic smoker, hypertension, and obesity. (AR 350.) Dr. Sunio's functional assessment of Plaintiff was as follows:
The number of hours that [Plaintiff] could be expected to stand and/or walk in an eight-hour workday is 4-6 hours. The limitation is due to aggravation of pain in her lower back and hip and knee joints with prolonged standing and walking. The number of hours that [Plaintiff] could be expected to sit in an eight-hour workday is 4-6 hours. The limitation is due to aggravation of pain in her lower back associated with prolonged sitting. She presently uses a cane for balance, especially on uneven terrain. The amount of weight [Plaintiff] could lift and carry frequently is 10 pounds and occasionally is 20 pounds. The limitation is due to aggravation of pain in her lower back associated with heavy lifting. There are frequent postural limitations on bending, stooping, and crouching due to limited movements of her lumbar spine. There are no manipulative limitations in reaching, handling, feeling, grasping, and fingering. There are no relevant visual, communicative, or workplace environmental limitations. (AR 350-51.)
3. Saman Ratnayake, M.D.
On June 13, 2006, Dr. Ratnayake, Plaintiff's treating physician, opined on a questionnaire that Plaintiff's medical problems precluded her since 2002 from performing any full-time work at any exertional level, including the sedentary level.*fn3 (AR 318, 496.) Plaintiff's primary impairments were impaired mobility due to rickets, lower extremity edema, degenerative joint disease, degenerative disc disease, and upper and lower extremity paresthesias.*fn4 (AR 318, 496.)
Dr. Ratnayake opined that, without rest or support, Plaintiff could sit an hour and stand and/or walk ten minutes at one time. (AR 318, 496.) Plaintiff was unable to lift, push, or pull greater than five pounds because of upper extremity paresthesias, and needed to elevate her legs one hour per day. (AR 318, 496.)
On June 8, 2007, Dr. Ratnayake noted that Plaintiff had severe degenerative disc disease of the lumbar and cervical spine. (AR 807.) Plaintiff's "underlying disc disease of the lumbar and cervical spine is a permanent condition[,] and her overall prognosis is poor. At this point, most of the management is limitation of activity and pain control." (AR 807.) "The expected duration of the limitations is lifelong." (AR 807.)
B. Administrative Proceedings
The Commissioner denied Plaintiff's applications initially and again on reconsideration; consequently, Plaintiff requested a hearing before an Administrative Law Judge ("ALJ"). (AR 160-67, 181-96.)
1. March 9, 2006, Hearing
On March 9, 2006, ALJ James P. Berry held a hearing where Plaintiff, Plaintiff's friend and former co-worker Jeanette Harmon, and a vocational expert ("VE") testified. (AR 59-95.) Ms. Harmon testified that she had known Plaintiff for 15 to 20 years and had worked together providing day care. (AR 91.) Ms. Harmon would help Plaintiff on a part-time basis with her heavy cleaning. (AR 91.) Ms. Harmon also testified that Plaintiff ultimately was unable to perform her job as "it was just too much for her" "because she couldn't run after the kids or be there constantly with the kids like she needed to be, and to deal with them." (AR 91.) Ms. Harmon finally testified that she "watched [Plaintiff] for . . . 15 or 20 years now, and she just, you can almost see her getting worse every day." (AR 91.)
2. ALJ's Decision
On May 17, 2006, the ALJ issued a decision finding Plaintiff not disabled from the alleged onset date of disability of April 29, 2003, through the date of the decision. (AR 44-53.) The ALJ found that, although Plaintiff had not engaged in substantial gainful activity at any time relevant to the decision and had the severe impairments of obesity, osteoporosis, and hypertension, she did not have an impairment or combination of impairments that met or equaled one of the impairments listed in the Code of Federal Regulations, and could perform her past relevant work as a child care provider. (AR 49-52.)
In so finding, the ALJ considered the opinion evidence as follows: I have given some weight to the opinion of board-certified internist G. Sunio, M.D., who evaluated [Plaintiff] in May 2004. Dr. Sunio's limits were secondary to [Plaintiff's] osteoarthritis affecting her lumbar spine and hip and knee joints. However, progress notes from Tipton Medical Center do not show any clinical findings or even subjective complaints concerning the osteoarthritis. (AR 51-52 (internal citation omitted).)
3. Appeals Council Remand
On October 6, 2006, the Appeals Council granted Plaintiff's request for review of the ALJ's decision and remanded the case to the ALJ to (1) reevaluate Dr. Sunio's report and assessment, (2) evaluate Plaintiff's obesity pursuant to Social Security Ruling 02-1p, and (3) further consider Plaintiff's maximum sustainable RFC and provide appropriate rationale with specific references to evidence in the record in support of the assessed limitations. (AR 215-18.)
4. Post-Remand Proceedings
Upon remand from the Appeals Council, the ALJ held supplemental hearings on March 19, July 23, and October 17, 2007. (AR 96-159.)
a. March 19, 2007, Hearing
At the March 2007 hearing, Plaintiff testified that she began using a wheelchair in September 2006 after falling down and undergoing neck surgery in August 2006. (AR 99-100.) Since her surgery, Plaintiff could not walk and could barely stand. (AR 100.) Plaintiff also complained of numbness in her hands and legs. (AR 100.)
Plaintiff estimated that in 2003 she was able to lift between 15 and 20 pounds. (AR 108.) Her daily activities now consisted of reading or watching television and attending therapy. (AR 109.) The ALJ ultimately continued the hearing to obtain additional evidence. (AR 118-20.)
b. July 23, 2007, Hearing
At the July 2007 hearing, Plaintiff testified that she last worked in 2002 as a child care provider, which, according to a VE, was semi-skilled and medium-level work.*fn5 (AR 128-29.) Plaintiff estimated that, as of September 2006, she could not lift more than five pounds. (AR 135.)
The VE testified that a hypothetical person of Plaintiff's age, education, and work experience who could (1) lift and carry 50 pounds occasionally and 25 pounds frequently, and (2) stand, walk, and sit for six hours could perform Plaintiff's past work and other jobs in the national economy, including as an industrial cleaner, production helper, or floor attendant. (AR 129.) Such a person with an RFC as outlined in Dr. Ratnayake's June 2006 opinion, however, could not perform any work. (AR 131-32.) Further, assuming that Plaintiff's testimony was credible, Plaintiff could not perform any work. (AR 136.)
c. October 17, 2007, Hearing
The ALJ continued the July 2007 hearing to obtain medical expert testimony. (AR 141.) Accordingly, at the hearing on October 17, 2007, a VE and Michael Gurvey, M.D., an orthopedic surgeon, testified. (AR 139-59.) Although Plaintiff was present at the October 2007 hearing, she did not testify. (AR 140.)
i. Medical Expert's Testimony
The ALJ summarized Dr. Gurvey's testimony as follows: The medical expert, Dr. Gurvey, testified that for the period between April 2003 and April 2006, [Plaintiff] had low back pain and obesity. In his opinion, [Plaintiff] could lift 50 pounds frequently and 25 pounds occasionally, and sit, stand or walk six hours per day. Dr. Gurvey stated [Plaintiff] could occasionally crawl, but could not climb ladders, ropes or scaffolds because of her obesity. She had no pushing or pulling restrictions.
(AR 30, 142-55.) Dr. Gurvey opined that Plaintiff's impairments equaled the requirements of 20 C.F.R. pt. 404, subpt. P, app. 1, § 1.04 since April 2006, but not between April 2003 and April 2006. (AR 146.)
ii. Vocational Expert's Testimony
A VE testified that a hypothetical person of Plaintiff's age, education, and work experience could perform Plaintiff's past relevant work as a day care provider and other work in the national economy (such as a bagger, hospital cleaner, and dining room attendant) if that person could (1) lift and carry 50 pounds occasionally and 25 pounds frequently; (2) stand, walk, and sit for six hours; and (3) occasionally crawl; but (4) not climb ropes, ladders, or scaffolds. (AR 155-56.)
d. ALJ's Decision on Remand
On October 22, 2007, the ALJ issued a partially favorable decision
finding that Plaintiff was not disabled before April 1, 2006, but
became disabled on that date through the date of the decision. (AR
19-32.) Specifically, the ALJ found that Plaintiff (1) had not engaged
in substantial gainful activity since April 29, 2003, the alleged
onset date of disability; (2) had an impairment or a combination of
impairments that is considered "severe" based on the requirements in
the Code of Federal Regulations; (3) did not have an impairment or
combination of impairments before April 1, 2006, that met or equaled
one of the impairments set forth in 20 C.F.R. Part 404, Subpart P,
Appendix 1; and (4) was able to perform her past relevant work as a
child care provider before April 1, 2006, as she actually and
generally performed it. (AR 26-30.) The ALJ found, however, that,
beginning on April 1, 2006, the severity of Plaintiff's impairments
met the requirements of 20 C.F.R. pt. 404, subpt. P, app. 1, § 1.04,
as Plaintiff began experiencing cervical myelopathy*fn6
significant weakness and numbness in her legs and arms after that
date. (AR 29, 30-32.)
The ALJ found that, before April 1, 2006, Plaintiff had the RFC to (1) lift and carry 50 pounds occasionally and 25 pounds frequently; (2) sit, stand, or walk for six hours per day; and (3) crawl occasionally but not climb ladders, scaffolds, or ropes. (AR 27.)
In doing so, the ALJ gave "some weight to Dr. Sunio's opinion, but not controlling weight."
(AR 29.) The ALJ considered Dr. Sunio's opinion as follows:
[Dr. Sunio] basically restricted [Plaintiff to] work at the light level of exertion. However, his findings upon exam were minimal and do not justify such an extreme restriction. Dr. Sunio did not have access to all of [Plaintiff's] treating records, and if he had, he might have noted how very little treatment [Plaintiff] had received for her orthopedic problems and how few times she had complained of discomfort. Dr. Sunio's restriction to light work is not justified by the objective evidence for the period prior to April 2006. (AR 29.)
The ALJ also found "the opinions of the State agency [sic] and Dr. Gurvey to be consistent with the overall medical record prior to April 2006." (AR 30.) "The objective medical evidence was minimal[,] and [Plaintiff's] reported activities of daily living show a fairly normal life. [Plaintiff] was able to care for her own personal needs, do household chores and drive." (AR 30.)
The ALJ gave Dr. Ratnayake's June 2006 opinion "some weight, but not controlling weight," finding that, "[w]hile this assessment is consistent with [Plaintiff's] status as of June 2006, evidence prior to April 2006 does not support such extreme limitations." (AR 31.) The ALJ found, however, that Dr. Ratnayake's June 2007 opinion was consistent with the medical evidence. (AR 31.)
As for Plaintiff's credibility, the ALJ found that Plaintiff's "medically determinable impairments could reasonably be expected to produce the alleged symptoms, but that [Plaintiff's] statements concerning the intensity, persistence and limiting effects of these symptoms are not entirely credible prior to April 1, 2006." (AR 28.) The ALJ further found that, beginning on April 1, 2006, Plaintiff's allegations regarding her symptoms and limitations were generally credible. (AR 31.)
Plaintiff sought review of this decision before the Appeals Council, which denied review on September 14, 2009. (AR 7-9.) Therefore, the ALJ's decision became the final decision of the Commissioner. 20 C.F.R. §§ 404.981, 416.1481.
D. Plaintiff's Appeal
On November 18, 2009, Plaintiff filed a complaint before this Court seeking review of the ALJ's decision. Plaintiff contends that, in finding her not disabled before April 2006, the ALJ erred in (1) rejecting the opinions of Drs. Ratnayake and Sunio; (2) disregarding Ms. Harmon's lay witness testimony; (3) improperly rejecting the credibility of Plaintiff's allegations pertaining to the period before April 1, 2006; and (4) failing to provide a complete hypothetical question to the VE.
The ALJ's decision denying benefits "will be disturbed only if that decision is not supported by substantial evidence or it is based upon legal error." Tidwell v. Apfel, 161 F.3d 599, 601 (9th Cir. 1999). In reviewing the Commissioner's decision, the Court may not substitute its judgment for that of the Commissioner. Macri v. Chater, 93 F.3d 540, 543 (9th Cir. 1996). Instead, the Court must determine whether the Commissioner applied the proper legal standards and whether substantial evidence exists in the record to support the Commissioner's findings. See Lewis v. Astrue, 498 F.3d 909, 911 (9th Cir. 2007).
"Substantial evidence is more than a mere scintilla but less than a preponderance." Ryan v. Comm'r of Soc. Sec., 528 F.3d 1194, 1198 (9th Cir. 2008). "Substantial evidence" means "such relevant 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. of N.Y. v. NLRB, 305 U.S. 197, 229 (1938)). The Court "must consider the entire record as a whole, weighing both the evidence that supports and the evidence that detracts from the Commissioner's conclusion, and may not affirm simply by isolating a specific quantum of supporting evidence." Lingenfelter v. Astrue, 504 F.3d 1028, 1035 (9th Cir. 2007) (citation and internal quotation marks omitted).
An individual is considered disabled for purposes of disability benefits if he or she is unable to engage in any substantial, gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or that has lasted, or can be expected to last, for a continuous period of not less than twelve months. 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A); see also Barnhart v. Thomas, 540 U.S. 20, 23 (2003). The impairment or impairments must result from anatomical, physiological, or psychological abnormalities that are demonstrable by medically accepted clinical and laboratory diagnostic techniques and must be of such severity that the claimant is not only unable to do her previous work, but cannot, considering her age, education, and work experience, engage in any other kind of substantial, gainful work that exists in the national economy. 42 U.S.C. §§ 423(d)(2)-(3), 1382c(a)(3)(B), (D).
The regulations provide that the ALJ must undertake a specific five-step sequential analysis in the process of evaluating a disability. In the First Step, the ALJ must determine whether the claimant is currently engaged in substantial gainful activity. 20 C.F.R. §§ 404.1520(b), 416.920(b). If not, in the Second Step, the ALJ must determine whether the claimant has a severe impairment or a combination of impairments significantly limiting her from performing basic work activities. Id. §§ 404.1520(c), 416.920(c). If so, in the Third Step, the ALJ must determine whether the claimant has a severe impairment or combination of impairments that meets or equals the requirements of the Listing of Impairments ("Listing"), 20 C.F.R. 404, Subpart P, App. 1. Id. §§ 404.1520(d), 416.920(d). If not, in the Fourth Step, the ALJ must determine whether the claimant has sufficient RFC despite the impairment or various limitations to perform her past work. Id. §§ 404.1520(f), 416.920(f). If not, in Step Five, the burden shifts to the Commissioner to show that the claimant can perform other work that exists in significant numbers in the national economy. Id. §§ 404.1520(g), 416.920(g). If a claimant is found to be disabled or not disabled at any step in the sequence, there is no need to consider subsequent steps. Tackett v. Apfel, 180 F.3d 1094, 1098-99 (9th Cir. 1999); 20 C.F.R. §§ 404.1520, 416.920.
A. Lay Witness Testimony
The ALJ did not mention in his October 2007 decision the testimony of Plaintiff's friend and former co-worker, Ms. Harmon, presented at the March 2006 hearing. Plaintiff contends that the ALJ's silent disregard of this lay witness testimony is reversible error. (Doc. 20 at 16.) Defendant maintains, however, that any error by the ALJ in failing to do so is harmless because this testimony "was of little or no probative value to the ALJ's decision because it was so brief and so duplicative of Plaintiff's own statements." (Doc. 21 at 14.) According to Defendant, "the ALJ gave valid reasons for not fully crediting Plaintiff's testimony for the period before April 2006. Therefore, the ALJ had sufficient reasons for not fully crediting [Ms.] Harmon's testimony, as well . . . ." (Id.)
1. Legal Standard
Lay witness testimony regarding a claimant's symptoms "is competent evidence that an ALJ must take into account," unless the ALJ "expressly determines to disregard such testimony and gives reasons germane to each witness for doing so." Lewis v. Apfel, 236 F.3d 503, 511 (9th Cir. 2001); see also Turner v. Comm'r of Soc. Sec., 613 F.3d 1217, 1224 (9th Cir. 2010). Lay witness testimony cannot be disregarded without comment. Stout v. Comm'r, Soc. Sec. Admin., 454 F.3d 1050, 1053 (9th Cir. 2006). In rejecting lay witness testimony, the ALJ need not cite the specific record as long as "arguably germane reasons" for dismissing the testimony are noted, even though the ALJ does "not clearly link his determination to those reasons," and substantial evidence supports the ALJ's decision. Lewis, 236 F.3d at 512. Germane reasons for rejecting a lay witness' testimony include inconsistencies between that testimony and the claimant's presentation to treating physicians or the claimant's activities, and the claimant's failure to participate in prescribed treatment. See Carmickle v. Comm'r, Soc. Sec. Admin., 533 F.3d 1155, 1164 (9th Cir. 2008); Greger v. Barnhart, 464 F.3d 968, 972 (9th Cir. 2006); Bayliss v. Barnhart, 427 F.3d 1211, 1218 (9th Cir. 2005). The ALJ also may "draw inferences logically flowing from the evidence." Sample v. Schweiker, 694 F.2d 639, 642 (9th Cir. 1982).
The burden is on the party attacking an agency's determination to show that prejudice resulted from the error. Shinseki v. Sanders, 556 U.S. __, 129 S. Ct. 1696, 1705-06 (2009); McLeod v. Astrue, ___ F.3d ___, 2011 WL 347133, at *4 (9th Cir. Feb. 4, 2011). In this regard, the failure to address lay witness testimony is not harmless unless the Court "can confidently conclude that no reasonable ALJ, when fully crediting the testimony, could have reached a different disability determination." Stout, 454 F.3d at 1056.
2. Analysis
As noted above, Ms. Harmon testified in March 2006 that she had known and worked with Plaintiff for 15 to 20 years and observed Plaintiff's gradually deteriorating ability to perform her job as a child care provider, which ultimately overwhelmed her. (AR 91.) Ms. Harmon's testimony pertains to Plaintiff's ability to perform her past relevant work and, therefore, was relevant to the ALJ's disability determination. If Ms. Harmon's testimony is credited in its entirety, the Court cannot conclude that no reasonable ALJ would have reached a different disability determination. Thus, the ALJ's failure to discuss Ms. Harmon's testimony was not harmless error. See Stout, 454 F.3d at 1054-56 (holding that the ALJ's silent disregard of lay testimony was not harmless error because "the ALJ, not the district court, is required to provide specific reasons for rejecting lay testimony," the court "cannot affirm the decision of an agency on a ground that the agency did not invoke in making its decision," and the ALJ's error was neither irrelevant nor non-prejudicial to the non-disability finding).
Defendant asserts, however, that, Ms. Harmon's testimony was similar to Plaintiff's testimony, which the ALJ gave valid reasons for not fully crediting. Defendant, therefore, maintains that the ALJ had sufficient reasons for not fully crediting Ms. Harmon's testimony as well. (Doc. 21 at 14 (citing Valentine v. Comm'r Soc. Sec. Admin., 574 F.3d 685, 694 (9th Cir. 2009).) Defendant's reliance on Valentine is unavailing. In Valentine, the testimony by the claimant's wife about her husband's fatigue was similar to the claimant's own subjective complaints. 574 F.3d at 694. The ALJ in Valentine, however, did not disregard the testimony of the claimant's wife without comment. Rather, the ALJ expressly rejected this evidence for the same reasons the ALJ discounted the claimant's allegations. Valentine, 574 F.3d at 694. The ALJ, therefore, provided germane reasons for rejecting the testimony of the claimant's wife. Id.
In contrast, the ALJ in this case failed to address Ms. Harmon's testimony in the first instance. On this basis, the Court cannot confidently conclude that no reasonable ALJ, when fully crediting Ms. Harmon's testimony, could have reached a different disability determination. See Bruce v. Astrue, 557 F.3d 1113, 1115-16 (9th Cir. 2009) (holding that ALJ failed to consider testimony of claimant's wife in determining whether claimant's impairments impacted his ability to work).
In sum, "the ALJ, not the district court, is required to provide specific reasons for rejecting lay testimony." Stout, 454 F.3d at 1054. The ALJ in this case failed to provide any reasons for rejecting the testimony of Ms. Harmon, Plaintiff's friend and former co-worker, and the error was not harmless. Substantial evidence, therefore, does not support the Commissioner's decision that Plaintiff could perform her past work as a child care provider before April 1, 2006. See id. at 1056-57. The Court, therefore, reverses the Commissioner's decision and remands to the Commissioner for further administrative proceedings consistent with this order. On remand, the ALJ shall reevaluate the lay witness testimony and fully explain his conclusions.
Plaintiff also alleges that the ALJ erred in weighing the opinions of Drs. Ratnayake and Sunio, in rejecting the credibility of Plaintiff's allegations pertaining to the period before April 2006, and in posing hypothetical questions to VE that did not accurately reflect Plaintiff's limitations. The Court need not consider these arguments in light of the need for reversal on other grounds. See Watkins v. Barnhart, 350 F.3d 1297, 1299 (10th Cir. 2003) ("We will not reach the remaining issues raised by appellant because they may be affected by the ALJ's treatment of this case on remand."); Byington v. Chater, 76 F.3d 246, 250-51 (9th Cir. 1996) ("Because we find that the district court committed error and the decision of the ALJ is supported by substantial evidence, we do not consider the Secretary's other arguments on appeal."); Pendley v. Heckler, 767 F.2d 1561, 1563 (11th Cir. 1985) (per curiam) ("Because the 'misuse of the expert's testimony alone warrants reversal,' we do not consider the appellant's other claims.").
B. Remand Is Required
"The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing." 42 U.S.C. § 405(g). In Social Security cases, the decision to remand to the Commissioner for further proceedings or simply to award benefits is within the discretion of the court. McAllister v. Sullivan, 888 F.2d 599, 603 (9th Cir. 1989). "If additional proceedings can remedy defects in the original administrative proceedings, a social security case should be remanded. Where, however, a rehearing would simply delay receipt of benefits, reversal [and an award of benefits] is appropriate." Id. (alteration in original) (internal quotation marks omitted).
The Court has concluded that the ALJ erred in failing to give germane reasons for rejecting lay witness testimony. In these circumstances, it is appropriate to remand this matter for further administrative proceedings. "Remand for further administrative proceedings is appropriate if enhancement of the record would be useful." Benecke v. Barnhart, 379 F.3d 587, 593 (9th Cir. 2004); see also Harman v. Apfel, 211 F.3d 1172, 1178 (9th Cir. 2000). Where there are outstanding issues that must be resolved before a determination of disability can be made, and it is not clear from the record that the ALJ would be required to find the claimant disabled if all the evidence were properly evaluated, remand is appropriate. Cf. Benecke, 379 F.3d at 593; Harman, 211 F.3d at 1178. Here, remand is appropriate because the ALJ must properly address the lay witness testimony before a proper disability determination can be made. See Vasquez v. Astrue, 572 F.3d 586, 593 (9th Cir. 2009).
Based on the foregoing, the Court finds that the ALJ's decision is not supported by substantial evidence and is, therefore, REVERSED and the case REMANDED to the ALJ for further proceedings consistent with this order. The Clerk of this Court is DIRECTED to enter judgment in favor of Plaintiff Antoinette Adkins and against Defendant Michael J. Astrue, Commissioner of Social Security.
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text:
SM6 Well done on the 6 miles and glad it's starting to feel better.
Ollie well done on the weeks total 50+ miles and a nice 9 miles today whats your next race?
Cal nice MLR of 11 miles and nice to see that the heel isn't holding you back with a 4 mile run today.
OH nice swim, run, run. It didn't look that cold in the photos......bbbbbbrrrrrrrrrr also great miles for the month and year so far
Think most peeps having trouble with the site
Yesterday was 70x25m front crawl and a very easy 4 miles on the trails, walked the dog this morning so no double run today but will do the club session tonight. Plan is to cut the miles back this week due to the traveling and race on Sunday. I managed to get to see some video's on you tube of the course, which looks more like trail running then XC but quite undulating so looking forward to that
Have had real trouble trying to get on here kept saying 503 error.......
SM6 Well done on the running and fingers crossed its the start of your return
Cal well done on the first sub 26 park run and good luck with the club 5k's
Ollie nice build up of miles and a good park run it will serve well for the Stockport10, nice finish to the 13 yesterday
Sub 17 well done on the park run win.
OH nice to see the OCD not getting to you not the end of the month yet
Well Friday was baby siting and a very early start in the freezing fog and it didn't lift all day. Saturday turned out to be a good day and the temp was around 8 with no wind. I turned up at the race having picked up a team mate. We meet up with everyone from the club and did a warm up. My plan was not to race this but to do it as a tempo session and save the legs for the race in New York next weekend. So I set off at steady tempo pace and ran with a club mate for the first mile 6:27 the second mile came in at 6:19 and the legs felt great and I was enjoying the running rather than racing. Mile 3 went in at 6:09 and the reason for the shift up in pace was I had closed the gap to another club mate and then ran with him for the next mile. 6:19. Mile five was 6:10 and mile six 6:26 with the last .1 done at 5:44 pace. So just under 39min and a good stretch out for the legs. it was then a rush home and out for the club Christmas dinner and a good night was had by all. Yesterday was a very easy run uptake forest with Buddy to bring the week to a close on 57.4 miles.
Fiona i'm back on top of the asthma thankfully, thats some nice training since Monday the speed will soon creep back into the legs
Just over 9 miles on the trails late afternoon managed to get home just as it got dark. Double run day tomorrow.
Gaz well done on your loop and run along the sea front, funny running past your mate
Cal well done on the 6 miles and good that the heel and foot behaved on the run but sorry to see you rolled the ankle on your next one. Thankfully you seem to have got away with it.
Ollie well done on the 6 miles yesterday and hope the 9 miles today is dry for you.
Sub 17 nice mix of sessions and rest.
Yesterday was 4 miles easy in the wind and cold on the trails am and 6.6 miles with the club and interval work pm. Suffered in the cold air in the morning but thankfully not on the evening session. 70x25m Front crawl this morning and out later for 8 miles on the trails.
OH Well done on the brown socks and 2nd or 3rd and I can't get over you running 4 miles then hoping in the sea for a swim....bbbrrrrrrrrr...........
SM6 the Invo-8 X-talons are a great shoe I've got a pair for running in he snow but spikes are better in the mud.
Gaz, 20 miles and over 1,300m of climb is a great run.
Ollie well done on the flexi training and mile.
70x25m Front crawl this morning and a very windy and cold 6+ miles this afternoon but had to stop due to a asthma attack......it's the drop in temp which brings it on.....
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Family Night
Winter Break 11/23 - 1/4
No family night or childcare.
Community groups will decide their own schedules.
Dec. 14 - C4 Christmas Party @6pm
C4 will meet on Wednesdays at 6:30 except for Dec. 28 and Jan. 4
*See a list of community groups classes.
Christmas Services
Christmas Eve Candlelight Services will be held at 4:00, 5:30, and 7:00 pm on Dec. 24.
On Sunday, Dec. 25 there will be a single service at 6:00 p.m.
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- Parking Available
- Pure Vegetarian
Once upon a time, Sanskriiti was an unassuming neighbourhood restaurant. Today, it is there in fancy mall outlets. But this change is proof enough of Sanskriiti's food. It's a no-frills restaurant that serves excellent value-for-money dosas in the form of Adai Dosa, Spring Dosa, and Set Dosa. Rava Idli, Dahi Idli, Onion Tomato Uttapam and Paneer Uttapam are also interesting. You could also try the South Indian Thali, Malabari Paratha and Appam with Coconut Milk. The North Indian ...


text:
EU promised to install 100,000 place for immigrants through the Balkan388 views
Brussels: The European Union on Monday announced to set up 100,000 places in different reception centers for immigrants coming in Europe through the Balkans, in order to resolve growing disorder on its eastern border.
The president of European Commission Jean-Claude Juncker made this announcement after holding an emergency talks with heads 10 EU leaders, together with German Chancellor Angela Merkel and leaders of non-EU states Albania, Serbia, and Macedonia.
It is viewed in the new Balkans immigration plan that managing migration flows is the only way to restore order on the eastern frontier and to slow down the uncontrolled irregular flow of immigrants.
Recent 2015's immigration flow in Europe from Syria, Iraq and Afghanistan is becoming very severe and recorded the worst after World War Second, More than 670,000 have reached on European Soil as people are left to fend for themselves, gathering on the beaches and sleeping in fields. Previously, almost 3000 people have died attempting the dangerous Mediterranean sea crossing and, with winter fast impending, the fear is that more could face the same upshot on the land route through the Balkans. And the disorder may further increase if Bulgaria and Romania closed their border.
In order to implement Balkans plan, reception places installed by the European Commission The to be provided with the help of the United Nations' refugee agency, the UNHCR, will provide immediate help by providing shelter and speed up registration of migrants, Juncker said.
According to plan, some 50,000 places will be installed across Balkans countries importantly, Macedonia and Serbia, while the other half will be located in Greece. Out of them, 30000 will make available this year and another 20000 will be adjusted among local families or rental houses, subsidized by UNHCR.


text:
Iams® Purrfect Delicacies Cat Food
Serve your favorite feline friend the savory flavor medley of the sea with this Iams Purrfect Delicacies Featured Flaked Oceanfish & Tuna Recipe Cat Food,
which features the taste of oceanfish and tuna that satisfies your cat's cravings. Made without gluten, fillers, corn, wheat, soy or artificial flavors,
the food provides a wholesome meal. The high-quality protein and vitamins and minerals help support balanced nutrition.
Features: Contains no gluten, fillers, corn, wheat, soy or artificial flavors; oceanfish & tuna flavor satisfies your cat's cravings; high-quality protein for the nutrition your cat needs
Food Type: Wet Food
Food Consistency: Flaked
Life Stage: Adult
Flavor: Oceanfish & Tuna
Primary Ingredient: Fish Broth
Package Weight: 2.5 oz.
For every 8 lbs. of body weight: 2-1/2 3-1/2 cans daily
Provide fresh drinking water at all times.
Refrigerate any unused portions.
Warranty, Awards, Certifications or Expert Recommendations:
Formulated to meet the nutritional levels established by the AAFCO Cat Food Nutrient Profiles for maintenance.
Fish Broth, Sea Bream, Tuna, Whitefish, Chicken, Carrots, Modified Tapioca Starch, Sunflower Oil, Dried Egg Product, Natural Flavors, Mackerel, Pea Protein, Sardines, Tricalcium Phosphate, Calcium Sulfate, Xanthan Gum, Potassium Chloride, Taurine, Spinach, Choline Chloride, Iron Glycine Complex, Zinc Glycine Complex, Manganese Glycine Complex, Copper Glycine Complex, Sodium Selenite, Potassium Iodide, Titanium Dioxide, Vitamin E Supplement, Niacin Supplement, Vitamin A Supplement, Vitamin B12 Supplement, Pyridoxine Hydrochloride (Source of Vitamin B6), Calcium Pantothenate, Riboflavin Supplement (Source of Vitamin B2), Biotin Supplement, Vitamin D3 Supplement, Folic Acid, Menadione Sodium Bisulfite Complex (Source of Vitamin K3), Guar Gum, Thiamine Mononitrate (Source of Vitamin B1), Iron Oxide, Magnesium Oxide and Sodium Nitrite (To Promote Color Retention)
Guaranteed Analysis:
Crude Protein (min) 9.0%
Crude Fat (min) 2.0%
Crude Fiber (max) 3.0%
Moisture (max) 83.0%
Ash (max) 3.5%
Taurine (min) 0.05%
$ 10.99
$ 1.29
New$ 5.97 to $ 6.77
$ 29.99
Now: $ 0.50
Now: $ 3.59
Now: $ 0.50
Now: $ 1.50
$ 1.39
New$ 0.99
New$ 0.99
New$ 0.99


text:
Project For Linas
This project was successfully completed by pauljacionis for $206 USD in 7 days.Get free quotes for a project like this
Project Budget$30 - $250 USD
Completed In7 days
Total Bids1
Project Description
Details as discussed via PM
- Use data from previous project
- Priority 1: Users can drag and drop items from the games list to the sidebar to create their lists (requires modification of old script?)
- Priority 2: Add box with recently created lists (polled by AJAX!)
- Priority 3: Lists should have icons / add image field from the previous project
- Bonus: Add Filter Field To Allow Searching The Main Games List
- Checkbox to be able to hide own personal lists from the public lists
- Use Wordpress templates for easy modification for list page e.g. /this-is-a-list
Users can create multiple lists 2) Yes, lists should be visible to other users 3) Yes, it should be using the Wordpress page templates so it can be easily modified
Framework / AJAX
Possibly use bootstrap framework again and most of this should work via AJAX so that new lists created by user will become visible to
Completed by:
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text:
Posts Tagged 'Active Directory'
Its spring and everything is new again. And that includes everything at SAPIEN. Exactly what is new at SAPIEN? Well let me tell you... 1) New software - Check out the totally awesome 2011 update to PrimalScript and the mind blowing 2011 update to PrimalForms. These two products are the most powerful in their class. Heck, these guys are in a class of their own! Add to that wicked cool updates to PrimalXML and PrimalSQL. And, wait for it... stay tuned for a killer update to ChangeVue coming later in 2011. 2) New Book - Managing Active Directory with Windows…   More »
Special Forces Training Needs You!Tuesday, June 16th, 2009 by Jeffery Hicks
In case you missed it, I'll be doing our Windows PowerShell Special Forces training in Columbus, OH at the end of next month. In addition to the normal 3 day class, I'll also be offering a bonus 2 day class for more experienced PowerShellers covering advanced topics and managing Active Directory. If you are inclined, you can also sign up for the entire week at a discount. Classes will be held at in the friendly offices of Quest Software, but space is limited because these are very intense, hands-on sessions. If you've been putting off getting training, don't wait any longer. This is the most unique training event I think you'll ever experience.   More »
PowerShell Special Forces Invades Columbus, OhioWednesday, May 20th, 2009 by Jeffery Hicks
Are you ready Ohio? We're bringing our intense, one-of-a-kind Special Forces PowerShell training to Columbus, Ohio July 27-29, 2009. We're looking for up to 15 recruits who want to learn PowerShell from the ground up and aren't afraid to get their hands duty. This is unlike any other training course you've ever taken. Not everyone can meet the requirements, but those that do learn more PowerShell than they realized was possible in three days. But wait..there's more!   More »
Get Local MemberThursday, April 9th, 2009 by Jeffery Hicks
I've been dealing with the topic of enumerating local group membership in several PowerShell forums from different people. My responses have pretty much been the same. But if these people are asking its a safe bet there are others who are also in need. The bottom line has been to query a local group, typically Administrators, and return a list of group members. If the member is a domain account, then get a little extra information. I put together a script called Get-Localmember.ps1 that I think will get the job done for most of you.   More »
TurboChargeAD.orgFriday, October 10th, 2008 by Jeffery Hicks
I'll be adding yet another writing gig to my portfolio. This time I'll be contributing a bi-weekly blog column at TurboChargeAD.org. The site is run by Quest Software with contributions from many members of the IT Pro and PowerShell community that you are likely familiar with like Don Jones, Brandon Shell, and Darren Mar-Elia, to name a few.   More »
Wayne's World of IT RevisedTuesday, September 23rd, 2008 by Jeffery Hicks
I've blogged in the past about Wayne Martin and his outstanding list of command line tips. These are one line commands, some complex some simple, that you can use to accomplish a wide range of task. The overall number of tips is to 425 and Wayne recently reorganized them into 7 categories to make it easier for people to digest. There's very little scripting with any of these commands. Most use native or freely available command line tools. But because they are executed from a command line you could incorporate them into a script. I encourage you to check them out.   More »
Managing Active Directory with Windows PowerShell – IN PRINT!Monday, September 22nd, 2008 by Jeffery Hicks
Yes, its finally true. You can finally get your hands on Managing Active Directory with Windows PowerShell: TFM. The book is being printed so you can get your copy today. You can order it today at ScriptingOutpost.com in both print and ebook format. Or if you prefer the best of both worlds get both as a bundle.   More »
PowerScripting Podcast InterviewMonday, September 15th, 2008 by Jeffery Hicks
I finally make the big leagues and get interviewed by Hal and Jonathon Walz. You can check it out at the PowerScripting site. I was afraid my Ironman comment would come back to haunt me :-) But seriously, I had a great time and I hope you find it informative. Of course there's more to the session than just my interview, in fact some really cool stuff with data visualization and PowerShell.…   More »
Techmentor NYC 2008 Demos and SlidesMonday, September 15th, 2008 by Jeffery Hicks
I've posted a few zip files with my slides and demos from Techmentor NYC. You'll find the files in the Essentials section of ScriptingAnswers.com. Click here to get them. Some of these sessions will be done again at Techmentor Las Vegas next month, plus a whole lot more.…   More »
I am IronmanFriday, September 12th, 2008 by Jeffery Hicks
I'm afraid a dangerous precedent has been set last night on the PowerScripting Podcast. I had a great time with Hal and Jonathon but there was a super hero question and I'm afraid I've started something I won't be able to control.   More »


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UK Small Business Directory
UK Small Business Directory
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Reference Number.
warmer''s loft conversions
About us Here at Warmer?s Lofts we?re a family run business. Unlike those faceless corporations that offer cheap and cheerful loft conversions on a huge scale, we offer a personal, bespoke service for all of our customers. If you need a loft conversion in Birmingham or the West Midlands, we?re the first people that you should call. We have over 10 years of experience in the loft conversion industry ? prior to starting our family business we worked for various other loft conversion companies. When it comes to experience and knowledge of loft conversions, our team is second to none. You?d think that our knowledge and experience would come at great cost, right? Well, the good news is that it doesn?t ? we aim to be as competitive as possible with all quotes that we offer ? where practical we?ll even beat like for like quotes from other companies We serve a large area of the West Midlands including the following towns: ? Birmingham ? Bridgnorth ? Cannock ? Dudley ? Kidderminster ? Kingswinford ? Shrewsbury ? Solihull ? Stafford ? Sutton Coldfield ? Stourbridge ? Telford ? Walsall ? West Bromwich ? Wolverhampton ? Worcester Knowing who to hire for loft conversions West Midlands can be tricky ? there are so many different companies out there who all claim to be the best. Here at Warmer?s Lofts we believe in putting the customer first on every single project that we complete. No two loft conversions are ever the same, and we understand that. Every quote that we provide is given on a bespoke basis ? we?ll look at the project in question and advise on a loft conversion that will work best for you, and for the building involved. Remember there?s more than one kind of loft conversion ? some houses are better suited to certain types of loft conversion than others.
warmer''s loft conversions
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West Midlands
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text:
Unfortunately I have to cover KSE's biggest flop
Unfortunately I have to cover KSE's biggest flop
Personally I dislike the cover for Megadeth's upcoming Super Collider, so I made a fan edit of the cover to see if I could improve it (at least in my opinion). What do you think?
Eventually once I get far enough in the game (tomorrow or the next day) I shall review this on my channel!! :D
The Requests shall return in a few days or so :D starting with The Crow Soundtrack!
My next Versus video will be of Resident Evil and Silent Hill :)
Hello everyone, so I'm midnightstrike3625. I have a youtube channel in which I review video games and new rock/metal albums. I'm trying to get the word out about my channel, so I'll follow you if you follow me tumblr fans, and sub4sub on youtube. Also, if you like what you see (which is the purely unedited real me discussing good music and games), don't be afraid to share.
The Reviews: Super Collider by Megadeth
Review coming shortly :D :D
The Reviews: Filthy Empire by Heaven's Basement
The Reviews: Carry On (Single) by Avenged Sevenfold
The Reviews: All I Was by Mark Tremonti


text:
|Page (1) of 1 - 06/19/12
|email article
|print page
Wildfires force evacuations from Calif. to Colo.Authorities say northern Colorado that's destroyed 189 homes now 50 percent contained
Page: 1
Related Keywords:Western Wildfires, Fires, Property damage, Evacuations, Accidents and disasters, Natural disasters, Weather, Natural hazards, Mountains, Forests, General news, Environment and nature
Source:Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.. All Rights Reserved


text:
Cooler Master NotePal U Stand Notebook Cooler Review
Specifications, Availability and Pricing
I figure I should cover why the U Stand is called what it is first, then we can get down to what makes it tick. This cooler is made with an adjustable frame on it. This allows the entire top aluminum component to raise it, and with the use of a thick metal support, allows the unit to have a total of five positions of use. Why is this important? Well, for those who like to use an additional keyboard and mouse to go along with the laptop, they now have positional height adjustment to raise the level of the monitor. For someone like me who uses a laptop right along side of my desktop PC, I can save room and raise the level of the monitor to a more appropriate level next to my 40" Samsung I use.
Now I think we can address the specs since I got all of that out of the way. The U Stand is made from plastic for the base and supports that hold the aluminum top in place. There are a pair of "holders" on the front of the unit which have rubber pads as well as a long rubber strip on the top that will secure the laptop from vibrating its way off the Stand. The all black unit weighs in at three pounds and is quite large to accept up to a 17" laptop on it. Cooling the U Stand is a pair of 100mm fans that are in frames that can be mounted almost anywhere under the coolers top. They can deliver 70 CFM of airflow with only the use of the 5V USB connection that powers the U Stand. On the side of the unit you will find a power on/off switch for the fans, three SATA ports and a blue LED to denote connectivity.
If the idea behind this notebook cooling solution has intrigued you thus far, you may have to wait for your own. As I write this I know that Cooler Master had the embargo set to the last week of August and it takes a bit of time to stock shelves. This in mind, I have to give them leeway on the availability, but what about the pricing you may ask? I didn't get an MSRP sent with my information packet, but I was actually able to locate one e-tailer that is showing stock of the U Stand. I know the shop is pretty random, but TheNerds.net are asking $36.99 to give you some idea of the price point it will come in at. From what I have seen so far in the $40 range of coolers, they typically don't offer much, so let's see if Cooler Master can raise my expectations a bit.
PRICING: You can find products similar to this one for sale below.
United States: Find other tech and computer products like this over at Amazon's website.
United Kingdom: Find other tech and computer products like this over at Amazon UK's website.
Canada: Find other tech and computer products like this over at Amazon Canada's website.
- Page 1 [Introduction]
- Page 2 [Specifications, Availability and Pricing]
- Page 3 [The Packaging]
- Page 4 [The Cooler Master NotePal U Stand]
- Page 5 [Accessories and Documentation]
- Page 6 [The Final Look & Testing Results]
- Page 7 [Final Thoughts]
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- be quiet! announces the Dark Base Pro 900 case with tempered glass window side panel


text:
Hotels in Sarlat-la-Caneda
Search all hotels in Sarlat-la-Caneda
Get Secret Prices on select hotels
These prices aren't available to everyone.
Trending now in Perigord - Dordogne (department)
- Most bookedibis Sarlat
14 people looked at this hotel in the last hour
Most recent review
"Nicely located hotel close to the centre of sarlat. Pretty simple but would recommend. Rooms spacious and clean and the car park was handy."
A Traveller, Sep 2016, AU
9 people looked at this hotel in the last hour
Most recent review
"We spent one night in the Tower Room which was very clean and a very reasonable price. It is a charming hotel with the perfect location to explore Sarlat. I would highly recommend it - and will stay there again next time I travel to Sarlat!"
A Traveller, Sep 2016, US
8 people looked at this hotel in the last hour
6 people looked at this hotel in the last hour
Most recent review
"Found two excellent restaurants ( L'adress and L'esprit Sarlat) . Lovely town centre with many restaurants and shops. Lots of quaint small streets off the main High St. The Hotel Renoir does not have any parking so beware in July / Aug that it may mean a long walk."
A Traveller, Sep 2016, GB
6 people looked at this hotel in the last hour
Most recent review
"Spacious lobby and greetings of front desk impressed us at the beginning, followed by informative recommendations for our dinner in town with detailed map. Although swimming pool (which was one of the important reasons to choose this hotel) was closed for repair, I got good impression to such fr..."
A Traveller, Sep 2016, US
5 people looked at this hotel in the last hour
Most recent review
"Though the bathroom was a bit small, overall the room was very nice. The front desk staff, especially Kathleen, were superb. "
J, Nov 2016, US
5 people looked at this hotel in the last hour
5 people looked at this hotel in the last hour
Most recent review
"The hotel was perfectly placed for visiting Sarlat old town"
A Traveller, Oct 2016, GB
4 people looked at this hotel in the last hour
Most recent review
"A lovely property in a secluded place some 10 minutes walk to the busy centre of Sarlat. Really efficient and friendly staff. Lots of parking. Outdoor pool and very nice terrace. Great breakfast."
A Traveller, Aug 2016, GB
4 people looked at this hotel in the last hour
Most recent review
"Comfortable, quiet and friendly helpful staff. Breakfast was delicious."
k, Oct 2016, US
Map of hotels in Sarlat-la-Caneda
- Cave of Lascaux
- Perigueux Golf Club
- Lascaux II
- Chateau de Montaigne
- Place de la Liberte
- Chateau des Milandes
- Chateau des Vigiers Golf Course
- Chateau de Beynac
- Cadouin Abbey
- La Roque St-Christophe
- Chateau de Monbazillac
- Jardins d'Eyrignac
- Chateau de Castelnaud
- Chateau Les Merles Golf Course
- Chateau de Marqueyssac
- Brantome Abbey
- Lolivarie Golf Club
- Perigueux Cathedral
- Domaine de Rochebois Golf Course
- Place de la Clautre
What you should know about Sarlat-la-Caneda
Are you looking for a cheap Sarlat-la-Caneda hotel, a 5 star Sarlat-la-Caneda hotel or a family friendly Sarlat-la-Caneda hotel? You just landed in the best site to find the best deals and offers on the most amazing accommodations for your stay.
When you search for hotels near Sarlat-la-Caneda with Hotels.com, you need to first check our online map and see the distance you will be from Sarlat-la-Caneda, France.
Our maps are based on hotel search and display areas and neighborhoods of each hotel so you can see how close you are from Sarlat-la-Caneda and refine your search within Perigord - Dordogne (department) or France based on closest public transportation, restaurants and entertainment so you can easily get around the city. All the hotels details page show an option for free or paid onsite parking.
If you wish to see the hotels with the highest featuring discounts and deals near Sarlat-la-Caneda, simply filter by price/ average nightly rate. We recommend you filter by star rating and read our genuine guest reviews so you can get the best quality hotel with the best discount.
One of the new features on Hotels.com guest reviews is that also show reviews from Expedia for Sarlat-la-Caneda hotels and the TripAdvisor Sarlat-la-Caneda hotels reviews so you can make sure that you checking with a reliable source. See the review scores on our Perigord - Dordogne (department) hotel information pages.
Make the most out of your family vacation when you book your accommodation with Hotels.com – book your hotel near Sarlat-la-Caneda, Perigord - Dordogne (department) after reviewing the facilities and amenities listed for each hotel.
After booking your hotel near Sarlat-la-Caneda, expect to receive your reservation confirmation in the mail in less than 10 minutes. The confirmation email contains more information on all nearby attractions, local directions and weather forecast, so you can better plan the days during your trip.
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The best hotel deals are here: We have Sarlat-la-Caneda hotel deals, Sarlat-la-Caneda last minute deals and offers to get you the cheapest Sarlat-la-Caneda hotel with our lowest price guarantee.


text:
The World Wastes Millions Of Tons Of Food
Much of the food that goes to waste around the world is discarded based on aesthetics, or other factors that don't relate to the food's taste or quality. According to the Food and Agriculture Organization of the United Nations, if we managed to save just one fourth of the food that typically goes to waste, it could feed 870 million hungry people. Some businesses have also taken it upon themselves to purchase and sell the foods that farmers and other businesses don't want, but they constantly find themselves overwhelmed by the sheer amount of "reject" foods.
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Southern Hose
2251 Gordon Terry Pkwy Decatur, Alabama 35601(256) 350-1221
Print | Save | Directions
AboutSouthern Hose is located at the address 2251 Gordon Terry Pkwy in Decatur, Alabama 35601. They can be contacted via phone at (256) 350-1221 for pricing, hours and directions.
Southern Hose has an annual sales volume of 501K - 999,999. .
For maps and directions to Southern Hose view the map to the right. For reviews of Southern Hose see below.
You must Sign in to post reviews.
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Palm Meadows Club
Varthur Main Road, Bangalore, Karnataka - 560 066
Choose Dates
Palm Meadows Club, Bangalore - Overview
Palm Meadows Club is a 5 star property situated 3 km from Whitefield (I.T hub) in Bangalore. This hotel is set on 5 acres of land and has an indoor swimming pool and offers Wi-Fi service. Cubbon Park is at a distance of 20 km from the hotel. The hotel consists 78 rooms. This property provides rooms with modern amenities such as air-conditioner, telephone, television, electronic safe, mini-bar, separate sitting area, wardrobe, and a well appointed bathroom with hot/cold running water facility.
Palm Meadows has an indoor restaurant, Rajgarh that serves traditional Indian cuisine, bar and a 24 hr coffee shop, Cafe Palmyra. The hotel also has a spa and fitness center, children's play area, an indoor badminton/squash court, garden and a children's pool. The hotel in Bangalore provides travel desk facility. Guests can also visit Bangalore Palace (20 km), ISKON Banglore (33 km), Bannerghatta National Park (42 km) and Wonderla (62 km).The Kempegowda International Airport is 50 km and Banglore City Junction is 23 km from the property. Note:- As per Government of India norms, guests are requested to carry a valid government photo ID for all intended residents, including minors and the same has to be produced on arrival for completing the check in formalities. Use of leisure facilities, e.g. Swimming pools, Tennis, Badminton, Squash courts by appointment mandate a dress code and the same is non negotiable needs to be strictly adhered to. Nonresident visitors are not permitted to guest rooms for security reasons. Guests are requested to entertain their guests in the coffee shop or bar. Pet Policy: No pets allowed at the property. Parking available subject to availability.
Check-in time : From 12:00 pm
Check-out time : Until 12:00 pm
Check availability for Palm Meadows Club, Bangalore
Why book with Travelguru?
- 36,000+ Hotels covering 790+ cities in India
- 4,30,000+ Hotels across the world
- No cancellation fee!!
- Guaranteed refund in 5 days
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Palm Meadows Club, Bangalore - Rooms & Price
|Room Type
|Deals and Promotions
|Total Price
|3 2
|Rs. 7,478
|Choose Dates
Close Detail
Palm Meadows Club, Bangalore - Amenities
- 24-Hour Front Desk
- 24-Hour Security
- Babysitting or child care
- Beauty Parlour
- Boutique
- Business center
- Catering
- Coffee shop or cafe
- Concierge
- Conference Room
- Facilities for Disabled Guests
- Flower Shop
- Front desk
- Full Services Health Spa
- Gift shops or news-stand
- Gym
- Health club
- Heated Pool
- Indoor Pool
- Internet Access
- Kids Pool
- LCD / Projector
- Laundry facilities
- Lift
- Lounge
- Newspaper
- Outdoor Pool (all year)
- Parking
- Patisserie Shop
- Pool view
- Porter
- Restaurant
- Room service
- Sauna
- Steam room
- Swimming pool
- Telephone
- Transportation Service
- Travel counter
- Valet Parking
- Wake up service/Alarm clock
- Wedding services


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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
United States District Court, District Circuit
February 13, 2013
BATSHEVA SHOHAM Plaintiff,v.ISLAMIC REPUBLIC OF IRAN, et al. Defendants.
Royce C. Lamberth, Chief Judge.
This action was brought by Mrs. Batsheva Shoham against the Islamic Republic of Iran ("Iran"), the Syrian Arab Republic ("Syria"), and other defendants pursuant to the updated state-sponsored terrorism exception of the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. § 1605A. Mrs. Shoham now moves for entry of default against six defendants based on service of the complaint in Pilant v. Islamic Republic of Iran, 11-cv-1077 on those defendants. See Pl.'s Default Mot., ECF No. 14. She also moves for authorization of substitute service on three defendants outside of their home country of Iran. See Pl.'s Service Mot. ECF No. 15. Finally, she responds to Judge Jackson's Order to show cause why her case should not be dismissed for want of prosecution. Pl.'s Resp. to Order, ECF No. 17. For the reasons given below, the Court will DENY Mrs. Shoham's default motion, will GRANT her service motion, and will find that she has satisfied Judge Jackson's show cause order.
Mrs. Shoham alleges that she was driving in the West Bank with her five-month old son, Yehuda Shoham, when they were ambushed by members of the Al-Aqsa Martyrs Brigade, a terrorist group. Compl. ¶ 23, ECF No. 3. One of the terrorists' stones struck young Yehuda, causing a severe brain injury and, after a week of hospitalization, his death. Id. ¶ 24.
In 2011, Mrs. Shoham joined with victims of similar attacks and their families to bring an action against Iran, Syria, and other defendants under the FSIA's state-sponsored terrorism exception. See Compl., Pilant, ECF No. 3, (D.D.C. June 9, 2011). The Pilant plaintiffs successfully served defendant Bashar Al-Assad, President of Syria, via mail service. See Return of Service Affidavit, Pilant, ECF No. 30.
Judge Collyer severed Mrs. Shoham's claims from that action. Order ("Severance Order 1"), Pilant, Feb. 6, 2012, ECF No. 42; see also Order on Pl.'s Mot. for Clarification ("Severance Order 2"), Pilant, Feb. 28, 2012, ECF No. 45. Judge Collyer ordered that, in any new case filed by the severed plaintiffs, it would be required "that summonses be reissued and the new summonses and the amended complaint be served." Severance Order 1. The Judge granted to the severed plaintiffs, including Mrs. Shoham, "leave . . . to refile their claims with separate captions" and specified that "such new cases shall not be treated as related to the instant action." Severance Order 2.
Mrs. Shoham subsequently filed this action. Compl., ECF No. 3. Her new complaint is identical to the Pilant complaint except that it (1) bears a different caption, and (2) excludes facts and prayers for relief particular to other plaintiffs in Pilant. Compare Compl., with Compl., Pilant; see also Pl.'s Default Mot. 10–12 (showing that the two complaints are identical save for the aforementioned exclusions).
Meanwhile, service of the Pilant complaint was effected on four additional defendants through diplomatic channels: Iran, the Iranian Ministry of Information and Security ("MOIS"), Iran's Revolutionary Guards ("IRGC"), and the Al Quds Force ("al Quds"). See Return of Service Aff., Pilant, Aug. 13, 2012, ECF No. 48 (service effected June 24, 2012).
Six months after filing her complaint in this action, Mrs. Shoham had failed to provide proof of service of the complaint on any defendants. Judge Jackson ordered her to show cause why the case should not be dismissed for want of prosecution. See Show Cause Order, Oct. 15, 2012, ECF No. 13. Mrs. Shoham responded with the two filings before the Court, as well as a memorandum in response to the order. Pl.'s Default Mot.; Pl.'s Substitute Service Mot.; Pl.'s Response. The case was subsequently reassigned by consent to the undersigned judge.[1]
After Judge Collyer severed Mrs. Shoham's claims, she also ordered that in any new action filed after severance, "summonses be reissued and the new summonses and the amended complaint be served." Severance Order 1. Mrs. Shoham concedes that none of the defendants have been served with her new complaint in this action. See Pl.'s Default Mot. 12–13. Instead, she asks that the Court ignore Judge Collyer's order and deem service of process complete on six defendants—Iran, MOIS, IRGC, al Quds, Bashar Al-Assad and Syria[2] (hereinafter "Pilant-served defendants")—based on effective service of the Pilant complaint on these defendants. As explained below, the Court cannot grant this request.
"[P]ersonal jurisdiction is 'an essential element of the jurisdiction of a district court without which the court is powerless to proceed to an adjudication.'" Sierra Club v. TVA, 12-cv-1852, 2012 WL 5974034 at *1 (D.D.C. Nov. 29, 2012) (quoting Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 584 (1999)). "[B]efore a court may exercise personal jurisdiction over a defendant, there must be . . . a basis for the defendant's amenability to service of summons. Absent consent, this means there must be authorization for service of summons on the defendant." Id. (quoting Omni Capital Int'l, Ltd. v. Rudolf Wolff & Co., Ltd., 484 U.S. 97, 104 (1987)).
A court has personal jurisdiction over a foreign state defendant in a § 1605A action where the defendant has been served under 28 U.S.C. § 1608. World Wide Minerals, Ltd. v. Republic of Kazakhstan, 296 F.3d 1154, 1160 n.5 (D.C. Cir. 2002). Where a plaintiff serves a complaint on a foreign state defendant under the FSIA, the foreign state defaults, and then the plaintiff files an amended complaint, service of the new complaint is only necessary if the changes are "substantial." Belkin v. Islamic Republic of Iran, 667 F.Supp.2d 8, 20 (D.D.C. 2009); Blais v. Islamic Republic of Iran, 459 F.Supp.2d 40, 46 (D.D.C. 2006); Dammarell v. Islamic Republic of Iran, 370 F.Supp.2d 218, 255 (D.D.C. 2005). For example, in Belkin, Judge Friedman did not require plaintiffs to serve an amended complaint on foreign state defendants in default where the amended complaint merely restated the allegations from their original complaint under the updated state sponsor of terrorism exception § 1605A. Belkin, 667 F.Supp.2d at 19–20. Similarly, in Blais, this Court did not require plaintiffs to serve an amended complaint on foreign state defendants in default where the amended complaint only served to "put the remaining defendants on notice that the claims sought by plaintiffs were grounded in state substantive law as well as in the federal statutory scheme." Blais, 459 F.Supp.2d at 46. And, in Dammarrell, Judge Bates did not require plaintiffs to serve an amended complaint on foreign state defendants in default where the amended complaint did "little more than provide the particularity required" that plaintiffs must "identify a particular cause of action arising out of a specific source of law" other than the FSIA itself. Dammarrell, 370 F.Supp.2d at 255, 222 (quoting Acree v. Republic of Iraq, 370 F.3d 41, 58 (D.C. Cir. 2004)).
Unlike Belkin, Blais, and Dammarrell, however, Mrs. Shoham is not amending a complaint in an existing action, but has filed a new and unrelated one in which defendants are not yet in default. Mrs. Shoham cites no case, and this Court is aware of none, in which a plaintiff was not required to serve process in a new, unrelated action against a foreign state defendant.
Mrs. Shoham's best case appears to be an unpublished 2003 opinion from the District of Minnesota by Magistrate Judge Arthur Boylan. See DIRECTV v. Barrett, 2003 U.S. Dist. LEXIS 25897 at *4–5 (D. Minn. Oct. 2, 2003); see also Pl.'s Default Mot. 18–19. In that case, the court severed the plaintiff's claims against various defendants, authorized plaintiff to refile new complaints against each, and stated that the plaintiff was "not required to re-serve pleadings on Defendants who have already been served" in the original action. Barrett, 2003 U.S. Dist. LEXIS 25897 at *4–5. Even setting aside the weakness of this source of authority, this case is not persuasive because it does not address service on foreign state defendants, which raises unique concerns and is subject to particular statutory requirements. See 28 U.S.C. § 1608; see also Murphy v. Islamic Republic of Iran, 778 F.Supp.2d 70, 71 (D.D.C. 2011) ("As a law that codifies sovereign immunity with limited exceptions, the FSIA envisions a process for litigating against foreign powers that respects the independence and dignity of every foreign state as a matter of international law while providing a forum for legitimate grievances."). Moreover, even in Barrett, Magistrate Judge Boylan ordered that, though service of process was not required, "Plaintiff [bore] the obligation to notify the Defendant of the new case number" of any new cases filed. Barrett, 2003 U.S. Dist. LEXIS 25897 at *4.
Accordingly, the Court will not deem service on these six defendants effected, and will DENY Mrs. Shoham's motion for default. Because Mrs. Shoham has filed a new action, she must effect service of process of the new complaint on all defendants as required under the FSIA, and the Court will order her to do so.
Before turning to the next issue, the Court pauses to recognize Mrs. Shoham's predicament of having to repeat the "exhaustive, costly and time consuming process" of serving the foreign defendants. See Pl.'s Default Mot. 19–20. The Court is not unsympathetic to Mrs. Shoham's position. See Haim v. Islamic Republic of Iran, 08-cv-520, 2012 WL 5384152 at *3 (D.D.C. Nov. 5, 2012); Murphy, 778 F.Supp.2d at 73. The U.S. Department of State apparently charges a substantial fee for victims of terrorism who must use the State Department to serve Iran with FSIA-related papers. See Schedule of Fees for Consular Services, 75 Fed. Reg. 36532, 36534 (June 28, 2010) (setting $2, 275 fee for processing FSIA judicial assistance cases). The imposition of these substantial fees imposes a significant burden upon victims of terrorism, particularly given that successful enforcement of these judgments is notoriously difficult and the prospects for recovering damages rather bleak. See In re Islamic Republic of Iran Terrorism Litig., 659 F.Supp.2d 31, 49 (D.D.C. 2009). Sadly, this is not the first time that the government has stationed itself in a position to undermine victims of terrorism in FSIA litigation. See In re Terrorism Litig., 659 F.Supp.2d at 53. The federal government has promised victims of terrorism a forum and opportunity to seek compensation for their devastating losses, then apparently exploited this glimmer of hope to extract exorbitant fees from those victims, and then actively undermined those victims' efforts to obtain satisfaction of legal and valid judgments in order to protect its own coffers. See Id . Several years ago, this Court observed that "the great travesty in all this is that our political branches have essentially told victims of terrorism to continue their long march to justice down a path that leads to nowhere." Id. at 125. The government now taxes those victims for their travails, as well. See Haim, 2012 WL 5384152 at *3; Murphy, 778 F.Supp.2d at 73.
Mrs. Shoham moves the Court to allow substitute service by registered mail, return receipt requested, on defendants Bank Melli, Bank Saderat, and Iran Air, in Australia, Canada, France, Italy, Hong Kong, the Netherlands, Sweden, and the United Kingdom. The Court will GRANT that motion.
These three defendants are state-owned and their "core functions" are commercial, not governmental, so they qualify as "agencies or instrumentalities" of Iran. Transaero, Inc. v. La Fuerza Aerea Boliviana, 30 F.3d 148, 151 (D.C. Cir. 1994); see also Order 2, Pilant, ECF No. 49 (finding these three organizations constituted "agencies or instrumentalities" of Iran). Accordingly, service on these defendants is governed by 28 U.S.C. § 1608(b). Mrs. Shoham's Service Motion sufficiently demonstrates that she has not been able to effect service of process on these defendants under § 1608(b)(1) or (2). See Pl.'s Service Mot. 6–7. Subsection 1608(b)(3)(C) authorizes service to be made "by delivery of a copy of the summons and complaint, together with a translation of each into the official language of the foreign state . . . as directed by order of the court consistent with the law of the place where service is to be made" provided service is "reasonably calculated to give actual notice."
Mrs. Shoham has attempted unsuccessfully to serve each of these three defendants via international registered mail at their headquarters in Iran. See Certificate of Mailing, July 30, 2012, ECF No. 10; see also Pl.'s Service Mot. 4, 9. She now seeks this Court's permission to attempt service on these defendants at other locations. Pl.'s Service Mot. 10. For Bank Melli and Bank Saderat, Mrs. Shoham seeks to direct service to addresses on record with the U.S. Treasury Department Office of Foreign Assets Control ("OFAC") in countries that are signatories to the Hague Convention on Service. Pl.'s Service Mot. 5, 8. For Iran Air, Mrs. Shoham seeks to direct service to its worldwide offices in Hague Convention signatory countries, as listed on its official website. Pl.'s Service Mot. 5 n.3.
The Court finds that substitute service at these addresses would be "reasonably calculated to give actual notice" and so is appropriate under 28 U.S.C. § 1608(b)(3)(C). It remains to be decided whether the mode of service Mrs. Shoham requests—international registered mail—is acceptable at these locations.
Where American law allows or requires service to be made in a foreign country that is a signatory to the Hague Convention on Service, the Convention controls the method by which service may be effected. See Volkswagenwerk Aktiengesellschaft v. Schlunk, 486 U.S. 694, 700 (1988) ("If the internal law of the forum state defines the applicable method of serving process as requiring the transmittal of documents abroad, then the Hague Service Convention applies."). Article 10(a) of the Convention provides that, if "the State of destination does not object, the present Convention shall not interfere with . . . the freedom to send judicial documents, by postal channels, directly to persons abroad." Hague Service Convention art. 10(a), Nov. 15, 1965, 20 U.S.T. 361, 658 U.N.T.S. 163.
The circuits are divided about whether this provision authorizes service of process by mail. Compare Brockmeyer v. May, 383 F.3d 798, 802 (9th Cir. 2004) (concluding, in light of the purpose and history of the convention that the word "send" in the convention should be read to encompass "serve"), and Ackermann v. Levine, 788 F.2d 830, 838 (2d Cir. 1986) (same), with Bankston v. Toyota Motor Corp., 889 F.2d 172, 173–74 (8th Cir. 1989) (concluding, based on the text of the convention, that "send" does not encompass "serve"), and Nuovo Pignone v. Storman Asia M/V, 310 F.3d 374, 384 (5th Cir. 2002) (same). Our circuit has not addressed the issue, but Judge Collyer recently adopted the approach of the Ninth and Second Circuits, citing the "history and purpose of the Convention" as discussed by the Ninth Circuit. See Order 3–4, Pilant, ECF No. 49 (collecting district court cases from other circuits supporting this position). This Court agrees with Judge Collyer that the Ninth Circuit's analysis of the purpose and history of the Convention is compelling on this point, see Brockmeyer, 383 F.3d at 802–03, and finds that the narrower reading of "send" is overly rigid and unjustified. Accordingly, the Court finds that the Convention allows for service of process via registered mail if "the State of destination does not object." See Hague Service Convention art. 10(a).
Mrs. Shoham seeks to effect service on defendants at their addresses in Australia, Canada, France, Italy, Hong Kong, the Netherlands, Sweden and the United Kingdom. All of these countries are signatories to the Convention and none of them object to service via international mail under Article 10(a). See Hague Conference on Private Int'l Law, Status Table, (hereinafter "HCCH, Status Table"), http://www.hcch.net/indexen.php?act= conventions.status&cid=17 (last visited Feb. 11, 2013) (listing all objections and declarations of signatories to the Hague Convention, and showing that Australia, Canada, France, Hong Kong, Italy, the Netherlands, Sweden and the United Kingdom have not objected to service via international registered mail under Article 10(a)); see also U.S. Dep't of State, Travel.State.Gov, Judicial Assistance—Country-Specific Information, http://travel.state.gov/law/judicial/ judicial2510.html (last visited Feb. 11, 2013) (stating that Canada, Hong Kong, Italy, the Netherlands, Sweden, and the United Kingdom have no objection to service by international registered mail). The one partial exception appears to be Australia, which "does not object to service by postal channels, where it is permitted in the jurisdiction in which the process is to be served." Australia Declarations, HCCH, Status Table (emphasis added). Mrs. Shoham seeks to effect service via international mail on Iran Air in Sydney, Australia, but did not provide any information indicating that this jurisdiction in Australia permits service by mail.
The Court will order that Mrs. Shoham may make substitute service on defendants Bank Melli, Bank Saderat, and Iran Air pursuant to § 1608(b)(3)(C) by serving a summons and copy of the Complaint (both documents prepared in English and Farsi) by registered mail, return receipt requested, through the Clerk of the Court, at the addresses identified in her Service Motion, with the exception of any addresses in Australia.
In October 2012, Judge Jackson ordered Mrs. Shoham to show cause why her case should not be dismissed for want of prosecution. Show Cause Order, ECF No. 13. Upon consideration of the response to this order, ECF No. 17, as well as various motions Mrs. Shoham has filed since that order, the Court concludes that she has demonstrated sufficient efforts such that the case should not be dismissed for want of prosecution.
For the foregoing reasons, the Court DENIES Mrs. Shoham's motion for default, GRANTS her motion for authorization of substitute service, and finds that she has satisfied the Order to show cause. An order shall issue with this opinion.
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