Lintz v. Commissioner of Social Security

Filing 15

ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/6/2012 ORDERING the Clerk to randomly assign a United States District Judge to the case; RECOMMENDING that the 10 Defendant's Motion to Remand be granted and that the matter be remanded for further proceedings, including a de novo hearing. Referred to Judge William B. Shubb. Objections due within 14 days. (Michel, G)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

DEIDRA A. LINTZ,
Plaintiff,

11
vs.

12
13

No. 2:11-cv-2837 EFB

MICHAEL J. ASTRUE,
Commissioner of Social Security,
ORDER AND
FINDINGS AND RECOMMENDATIONS

14
Defendant.
/

15

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security

16
17

(“Commissioner”) finding that she is responsible for an overpayment of Supplemental Security

18

Income benefits. Defendant has moved to remand the case to the Commissioner for further

19

administrative proceedings pursuant to sentence six of 42 U.S.C. section 405(g). Defendant

20

explains that this court cannot conduct a meaningful review of the Commissioner’s final decision

21

because the record of the October 26, 2009 administrative hearing “is not available.” Def.’s

22

Mot. to Remand, Dckt. No. 10. Defendant requests that on remand the Commissioner conduct a

23

de novo hearing. Petitioner filed a statement of no opposition, in which she requests that this

24

court grant defendant’s motion. Dckt. No. 12. As the court is unable to conduct a meaningful

25

review without a complete record, defendant’s motion should be granted.

26

////
1

1
2
3
4
5

Accordingly, it is hereby ORDERED that the Clerk randomly assign a United States
District Judge to the case.
Further, it is RECOMMENDED that defendant’s motion be granted and the matter
remanded for further proceedings, including a de novo hearing.
These findings and recommendations are submitted to the United States District Judge

6

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days

7

after being served with these findings and recommendations, any party may file written

8

objections with the court and serve a copy on all parties. Such a document should be captioned

9

“Objections to Magistrate Judge's Findings and Recommendations.” Failure to file objections

10

within the specified time may waive the right to appeal the District Court's order. Turner v.

11

Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

12

DATED: June 6, 2012.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
2