Opinion
Case No. 1:12-cv-00433-BAM
08-06-2012
PATRICIA AYALA, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
(As authorized via email) YOUNG CHO Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney DANIEL P. TALBERT Special Assistant U. S. Attorney Attorneys for Defendant Michael J. Astrue
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
DANIEL P. TALBERT
Special Assistant United States Attorney
Attorneys for Defendant
STIPULATION AND ORDER FOR
REMAND FOR FURTHER PROCEEDINGS
PURSUANT TO SENTENCE SIX OF
42 U.S.C. § 405(g)
IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that this action be remanded to the Commissioner of Social Security for further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence six.
Meaningful review of this case is not possible because significant portions of the recording of the hearing held on July 19, 2010 are inaudible. In addition, the ALJ referred to an exhibit that contained information not pertaining to Plaintiff. On remand, the Appeals Council will remand the case to an Administrative Law Judge for a de novo hearing and to obtain or reconstruct any missing evidence. The Administrative Law Judge will also remove the exhibit that does not pertain to Plaintiff.
Respectfully submitted August 6, 2012.
Respectfully submitted,
_________
(As authorized via email)
YOUNG CHO
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
By _____________
DANIEL P. TALBERT
Special Assistant U. S. Attorney
Attorneys for Defendant Michael J. Astrue
ORDER
Pursuant to the Stipulation of the parties (Doc. 13), it is hereby ORDERED this action be remanded to the Commissioner of Social Security for further administrative action consistent with the above Stipulation.
IT IS SO ORDERED.
Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE