Opinion
CIVIL ACTION NO. 99-0950-CB-L.
April 21, 2000.
RECOMMENDATION OF MAGISTRATE JUDGE
This cause is before the Court on Defendant's motion and memorandum pursuant to sentence six of section 205(g) and 1631(c)(3) of the Social Security Act, 42 U.S.C. § 405 (g) and 1383(c)(3) with remand of the cause to the Defendant. (Doc. 10). This motion has been referred to the undersigned for a recommendation pursuant to 28 U.S.C. § 636 (b)(1)(B), and Local Rule 72.2(c)(3). Upon consideration of all matters presented, it is the recommendation of the undersigned that the cause be remanded to the Commissioner for further proceedings.
In the motion to remand, Defendant requests that this matter be returned to the Commissioner for the purpose of providing to the Plaintiff the tape of her administrative hearing. The Plaintiff was not provided her tape despite her timely request. Therefore, Plaintiff was not afforded due process at the administrative level. Defendant also stated that good cause for remand exists when the tape of an administrative hearing "is lost or inaudible or cannot otherwise be transcribed, or where the claimant's files cannot be located or are incomplete." H.R. Rep. No. 99-944, 96th Cong.2d Sess. 59 (1980).
Defendant states that Plaintiff's counsel has been contacted and agrees to the motion for remand.
Wherefore, upon consideration of all matters presented, it is the recommendation of the undersigned Magistrate Judge that Defendant's motion to remand under sentence six be granted and that this cause be remanded to the Commissioner for action consistent with the Defendant's motion to remand.
The attached sheet contains important information regarding objections to the report and recommendation of the Magistrate Judge.
DONE this 21st day of April, 2000.