Johnson v. Astrue

Filing 16

ORDER. Defendant's Unopposed Motion to Remand 15 is GRANTED. IT IS ORDERED that, upon remand, the Appeals Council will continue to search for the missing hearing recording. If the recording cannot be located in a reasonable amount of time, the Appeals Council will remand the case for a de novo hearing before an administrative law judge (ALJ), by Judge John L. Kane on 11/15/12.(sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01414-AP
BONITA JOHNSON,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant.

ORDER

Defendant’s Unopposed Motion to Remand (doc. #15), filed November 13, 2012, is
GRANTED. This case is REMANDED to the Commissioner under sentence six of 42 U.S.C. §
405(g) for further agency action. See Shalala v. Schaefer, 509 U.S. 292 (1993).
IT IS ORDERED that, upon remand, the Appeals Council will continue to search for the
missing hearing recording. If the recording cannot be located in a reasonable amount of time,
the Appeals Council will remand the case for a de novo hearing before an administrative law
judge (ALJ).
Dated at Denver, Colorado this 15th day of November, 2012.
BY THE COURT:

s/John L. Kane _____
Judge John L. Kane
United States District Court Judge