Thibeaux v. Social Security Administration

Filing 17

ORDER granting 16 Motion to Remand. Signed by Chief Judge Richard T Haik, Sr on 02/18/09. (crt,Yocum, M)

:ase 6:08-cv-00470-RTH-CMH

Document 16-2

Filed 02/12/2009

Page 1 of I

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOUSAS DIVISION

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U LURA THIBEAUX, Plaintiff, v.

M[ ~CHAEL I ASTRUE, Ci mmissioner, Social Si: runty Administration, Defendant.

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CIVIL NO. 6:O8-cv-00470-RTH-CMH

ORDER After consideration of Defendant's Unopposed Motion For Remand, pursuant to sentence si:. of the Social Security Act, 42 U.S.C.

§ 405(g), filed by the Commissioner of Social Security,

Di fendant herein, the Court finds that the Motion is well-taken and should be GRANTED. It is therefore ORDERED, ADJUDGED, and DECREED that this cause be REMANDED to the Commissioner of Social Security under sentence six of the Social Security Act, 42 U.S.C.

§ 105(g), because the recording(s) of the hearing held on October 2,

2007, cannot be located at

th s time. Upon receipt of the Court's order, the Appeals Council will continue to search for the
it

ssing recording. If the recording cannot be located in a reasonable period of time, however,

Ui Appeals Council will remand the ease to an Administrative Law Judge for a de novo hearing,

p1: rsuant to sentence six of section

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MAGISTRATE JUDGE