Ramirez v. Commissioner of Social Security

Filing 10

STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE SIX OF 42 U.S.C. § 405(g), signed by Magistrate Judge Jennifer L. Thurston on 9/30/16. REMANDING CASE to Commissioner of Social Security. Copy of remand order sent to other court. CASE CLOSED (Martin-Gill, S)

1
2
3
4
5
6
7
8
9
10
11

PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL, CA SBN 230138
Regional Chief Counsel, Region IX
Social Security Administration
JENNIFER LEE TARN, CSBN 240609
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
UNITED STATES DISTRICT COURT
Attorneys for Defendant
EASTER DISTRICT OF CALIFORNIA
Attorneys for Defendant

FRESNO DIVISION

Attorneys for Defendant
ANGELICIA MARIA RAMIREZ,

)
)
)
)
)
)
)
)
)
)
)
)
)

12
13
14
Plaintiff,
15
vs.
16
17

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

18

Defendant.

19

CIVIL NO. 1:16-cv-00845-JLT
STIPULATION AND PROPOSED
ORDER FOR REMAND PURSUANT TO
SENTENCE SIX OF 42 U.S.C. § 405(g)
(Doc. 9)

IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of

20
21

record, that this action be remanded to the Commissioner of Social Security for further administrative

22

action pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence

23

six.

24

Meaningful review of this case is not possible because the file of the Administrative Law

25

Judge’s October 17, 2014 decision cannot be located at this time. Upon receipt of the court order, the

26

Appeals Council will review the materials submitted by Plaintiff’s counsel and, if all the materials

27

including the hearing recording are complete, the certified administrative record will be prepared. If the

28
1
Stip. & Prop. Order for Remand; 16-cv-0845-JLT

1
2

materials are not complete, the Appeals Council will remand the case to an Administrative Law Judge
to locate or reconstruct the record and, if unable to do so, hold a de novo hearing.

3
4

Respectfully submitted,

5
6

Dated: September 30, 2016

/s/ Monica Perales*
MONICA PERALES
(*As authorized via email)
Attorney for Plaintiff

Dated: September 30, 2016

PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

7
8
9
10
11
12
By:
13
14

/s/ Jennifer Lee Tarn
JENNIFER LEE TARN
Special Assistant United States Attorney
Social Security Administration

15
Attorneys for Defendant
16
17

ORDER

18
19
20

Pursuant to stipulation, the Court ORDERS the matter remanded further administrative action
pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence six.

21
22
23

IT IS SO ORDERED.
Dated:

September 30, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

24
25
26
27
28
2
Stip. & Prop. Order for Remand; 16-cv-0845-JLT