Wheeler v. Commissioner of SSA

Filing 9

STIPULATION AND ORDER REMANDING CASE., ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 9/17/10. (lrc, COURT STAFF) (Filed on 9/20/2010)

Wheeler v. Commissioner of SSA

Doc. 9

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MELINDA L. HAAG, CSBN 132612 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX Social Security Administration DANIEL P. TALBERT Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CAROLYN JOY WHEELER, Plaintiff, ) ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) Defendant. ) ______________________________) CIVIL NO. 09-03558-SBA 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

19 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 20 U.S.C. § 405(g), sentence six. 21 22 23 24 25 26 27 28 1

Dockets.Justia.com

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Meaningful review of this case is not possible because the recording of Plaintiff's hearing,

2 held on April 20, 2006, is partially or totally blank. On remand, the Appeals Council will remand 3 the case to an Administrative Law Judge for a de novo hearing. 4 5 Dated: September 17, 2010 6 7 8 9 10 Dated: September 17, 2010 11 12 13 14 15 16 17 18 19 20 21 DATED: September 17, 2010 22 23 24 25 26 27 28 2 SAUNDRA B. ARMSTRONG UNITED STATES DISTRICT JUDGE ORDER For good cause shown, Wheeler v. Astrue (Case No. 09-03558 SBA), is hereby REMANDED under sentence six of 42 U.S.C. § 405(g), pursuant to the stipulation of the parties. SO ORDERED. Respectfully submitted, /s/ James H. Miller (as authorized via e-mail) JAMES H. MILLER Attorney for Plaintiff MELINDA L. HAAG United States Attorney By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U. S. Attorney Attorneys for Defendant