Gomez v. Commissioner of Social Security
Filing
11
STIPULATION and ORDER for REMAND Pursuant to Sentence Six of 42 U.S.C. 405(g), signed by Magistrate Judge Gary S. Austin on 3/2/2011. CASE CLOSED. Defendant shall file a status report every 90 days. (Jessen, A)
(SS) Gomez v. Commissioner of Social Security
Doc. 11
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration JEAN TURK (CSB #131517) Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8935 Facsimile: (415) 744-0134 E-Mail: jean.turk@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
BENITO G. GOMEZ,
) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________)
CIVIL NO. 1:10-CV-02128-GSA 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 sentence six of section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g). The recording (which is in the form of a multimedia file on a compact disc) has been rendered unavailable or defective because the compact disc is encrypted. Upon receipt of the court order remanding this case, the Commissioner will determine if the encryption can be removed and a complete
Stipulation and Order for Remand
1
Dockets.Justia.com
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
transcript can be prepared so that a complete administrative record can be certified. If not, a de novo hearing will be held and a new decision issued. Further, defendant agrees to file with the Court and serve on plaintiff a Status Report every 90 days from the date this order is filed with the Court in the event the recording cannot be accessed within that time period. Respectfully submitted, Dated: February 25, 2011 /s/ Laura Eve Krank (As authorized via e-mail) LAURA EVE KRANK Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Chief Counsel, Region IX Social Security Administration /s/ Jean M. Turk JEAN M. TURK Special Assistant U.S. Attorney ORDER The Court has reviewed the parties' stipulation for remand. Because the recording of the hearing is unavailable, good cause exists to remand the claim to the Commissioner for appropriate action to produce a record pursuant to sentence six of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). Defendant shall file a status report every 90 days from the date of this order informing the Court on the progress of obtaining a record of Plaintiff's hearing, or in the alternative, scheduling a new hearing before an Administrative Law Judge. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: 6i0kij
Dated: March 2, 2011
March 2, 2011
/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE
Stipulation and Order for Remand
2 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?