Opinion
No. 05 Civ. 3336 (LAK).
June 21, 2005
DAVID N. KELLEY, United States Attorney for the Southern District of New York, LORRAINE S. NOVINSKI, New York, New York, Assistant United States Attorney.
CHARLES E. BINDER, ESQ., BINDER BINDER, New York, New York, Attorneys for Plaintiff.
STIPULATION AND ORDER OF REMAND
IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the defendant and the plaintiff, that this action be, and hereby is, remanded to the Commissioner of Social Security, pursuant to sentence six of 42 U.S.C. § 405(g), for further administrative proceedings including either locating a missing hearing tape or giving plaintiff a second hearing.
IT IS FURTHER STIPULATED AND AGREED that if the hearing tape has not been located within 90 days after entry of this stipulation and order, plaintiff will be given an opportunity to have a de novo hearing.
SO ORDERED.