Zaidi v. Commissioner of Social Security

Filing 43

ORDER Remanding Case for Determination on Plaintiff's Request for Reconsideration. Signed by Judge Paul S. Grewal on March 3, 2011. (psglc2, COURT STAFF) (Filed on 3/3/2011)

Zaidi v. Commissioner of Social Security

Doc. 43

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 On November 9, 2010, this court entered an Order Construing Complaint to Include a Cause 19 of Action for a Writ of Mandamus, Denying in Part and Granting in Part Defendant's Motion to 20 Dismiss, and Soliciting Further Briefing Regarding the September 28, 2010 Order to Show Cause. 21 Defendant has now filed the requested supplemental brief and reiterated its admission that Plaintiff 22 was improperly denied further administrative appeal rights regarding his request for reconsideration 23 24 deny Plaintiff's ability to exhaust his administrative remedies in a manner that would permit court 25 review. Based on Defendant's admission and the file and proceedings herein, 26 27 28 See Amended Supplemental Brief Responding to Court's November 9, 2010 Order Soliciting Further Briefing Regarding September 28, 2010, Order to Show Cause (Docket No. 40), at 3:15-18 and 8:5-6. ORDER, page 1
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

) ) ) Plaintiff, ) ) v. ) ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. ___________________________________ ) SAYED H. ZAIDI,

Case No.: C 10-0698 PSG ORDER REMANDING CASE FOR DETERMINATION ON PLAINTIFF'S REQUEST FOR RECONSIDERATION

of his disability status between March 2005 and July 2007.1 The undeniable effect of this was to

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IT IS HEREBY ORDERED that, in accordance with this court's mandamus jurisdiction under 28 U.S.C. § 1361, the case is remanded for a determination on Plaintiff's request for reconsideration.2 The determination shall be made no later than March 31, 2011 and should either grant or deny the request. Plaintiff shall be immediately informed of the determination and afforded any and all appeal rights, including a hearing, that follow under the agency's regulations. Dated: March 3, 2011 PAUL S. GREWAL United States Magistrate Judge

Cf. Jones v. Astrue, 526 F. Supp.2d 455, 461 (S.D.N.Y. 2007) (exercising mandamus jurisdiction to order Appeals Council to perform properly its duty to review claimant's request). ORDER, page 2

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Notice of this filing was automatically mailed to counsel via the court's Electronic Case Filing system. A copy of this filing was mailed to:

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 ORDER, page 3 Dated: March 4, 2011 /s/ Chambers Staff Chambers of U.S. Magistrate Judge Paul S. Grewal Sayed H Zaidi 81 Mihalakis St., Apt. #401 Milpitas, CA 95035