Boyd v. Barnhart

Filing 18

ORDER REMANDING CASE pursuant to stipulation 17 . Signed by Judge Whyte on 11/16/09. (rmwlc3, COURT STAFF) (Filed on 11/16/2009)

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JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX Social Security Administration LEO R. MONTENEGRO, SBN NY 2616118 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

E-Filed on 11/16/09

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. 5:06-cv-07166-RMW

12 EUGENE BOYD, Plaintiff, 13 v. 14

) ) ) ) ) MICHAEL J. ASTRUE, ) 15 Commissioner of Social Security, ) 16 Defendant. ) 17 ______________________________) 18

STIPULATION 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 20 administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. 21 § 405(g), sentence six. 22 Meaningful review of this case is not possible because the Appeals Council is unable to 23 locate the recording of Plaintiff's hearing. On remand, the Appeals Council will continue to search for the recording of Plaintiff's hearing; if the recording cannot be located within 120 days, 24 the Appeals Council will remand the case for a de novo hearing. 25 26 27 28 1

1 2 3 4 5 6 7 8 9 10 11 OF COUNSEL: 12 DANIEL P. TALBERT Assistant Regional Counsel, Region IX 13 Social Security Administration 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 __ 6/0 _ DATED:_______/1____9 __________ APPROVED AND SO ORDERED: Dated: September 23, 2009 Dated: September 23, 2009

Respectfully submitted, /s/ Marc V. Kalagian (as authorized via e-mail) MARC V. KALAGIAN Attorney for Plaintiff JOSEPH P. RUSSONIELLO United States Attorney By s/ Leo R. Montenegro LEO R. MONTENEGRO Special Assistant U. S. Attorney Attorney for Defendant

ORDER

_________________________________ RONALD M. WHYTE UNITED STATE DISTRICT JUDGE

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