Booth v. Astrue

Full title: KIMBERLY K. BOOTH, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Defendant

Court: United States District Court, E.D. California

Date published: Oct 5, 2011

1:11cv0727 DLB (E.D. Cal. Oct. 5, 2011)

Opinion

1:11cv0727 DLB.

October 5, 2011

ORDER GRANTING MOTION FOR SENTENCE SIX REMAND (Document 12) ORDER REQUIRING STATUS REPORTS

DENNIS BECK, Magistrate Judge

Plaintiff Kimberly K. Booth ("Plaintiff") filed this action for review of the denial of social security benefits on May 5, 2011.

On September 16, 2011, Defendant filed a motion to remand pursuant to sentence six of section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g). Defendant contends that a de novo hearing is necessary because significant portions of the hearing are inaudible and Exhibit 2F is missing pages.

On September 28, 2011, Plaintiff filed a notice of non-opposition.

Accordingly, Defendant's motion is GRANTED and this action is REMANDED to allow an Administrative Law Judge to hold a de novo hearing.

The Court further ORDERS the parties to file a joint status report within 90 days of the date of service of this order. Thereafter, the parties shall file a joint status report every 120 days until this action is returned to this Court or otherwise resolved.

IT IS SO ORDERED.

Dated: October 3, 2011