Opinion
CIVIL NO.: 2:10-cv-02810-GGH
04-25-2012
GLENN E. ROSS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration LYNN M. HARADA, CSBN 267616 Special Assistant United States Attorney Attorneys for Defendant
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
LYNN M. HARADA, CSBN 267616
Special Assistant United States Attorney
Attorneys for Defendant
STIPULATION AND ORDER FOR
REMAND 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
Meaningful review of this case is not possible because the Appeals Council has notified agency counsel that the recording of Plaintiff's hearing, held on March 9, 2007, and the claim file of the Administrative Law Judge's (ALJ) decision, dated August 29, 2007, cannot be located. Upon receipt of the remand order, the Appeals Council will attempt to re-create the complete record. If the Appeals Council is unable to do so, the Appeals Council will remand the case to an ALJ and direct the ALJ to reconstruct the record, and to offer Plaintiff a new hearing and issue a new decision. If appropriate, the Commissioner will reinstate the action in this Court when the record is complete, and Plaintiff should be afforded the opportunity to file an amended complaint at that time.
Respectfully submitted,
____________________
(As authorized via e-mail on 4/12/12 at 1:19 p.m.)
THOMAS E. BELTRAN
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
By: _____________
LYNN M. HARADA
Special Assistant United States Attorney
Attorneys for Defendant
APPROVED AND SO ORDERED:
ORDER
Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE