Espino v. Astrue

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION; court reverses and remands matter by Judge Robert S. Lasnik. (RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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07 DOCINA RENE ESPINO,
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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of Social Security,
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Defendant.
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____________________________________ )

CASE NO. C12-0967-RSL-MAT

ORDER OF REMAND

The parties agree that this matter should be reversed and remanded pursuant to sentence

14 six of 42 U.S.C. § 405(g) for further administrative proceedings. (Dkts. 11 and 12.) It is
15 therefore ORDERED:
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(1)

The Court adopts the Report and Recommendation;

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(2)

The Court REVERSES and REMANDS this matter for further administrative
proceeding pursuant to sentence six of 42 U.S.C. § 405(g);

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(3)

On remand, the Commissioner and Appeals Council will expedite the case and

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have sixty (60) days to continue to search for the missing recording and to file

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an answer in this Court upon location of those records. If the recording cannot

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be located, the Appeals Council, within that same sixty-day period, will remand

ORDER OF REMAND
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the case for a de novo hearing to be held within 120 days of the date of the

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Appeals Council’s remand order;
(4)

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The Court will retain jurisdiction over the action pending further administrative

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proceedings. If the outcome of a de novo hearing is unfavorable to plaintiff,

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defendant will move to reinstate the case so that plaintiff need not file a new

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complaint in order to obtain judicial review; and

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(5)

The Clerk shall direct copies of this Order to all counsel and to Judge Theiler.

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DATED this 23rd day of January, 2013.

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A
Robert S. Lasnik

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United States District Judge 

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ORDER OF REMAND
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