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Tiamzon v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 21, 2008

TERESITA TIAMZON, PLAINTIFF,
v.
MICHAEL J. ASTRUE, ACTING COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Elizabeth D. Laporte United States Magistrate Judge

STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE SIX OF 42 U.S.C. § 405(g)

IT IS HEREBY STIPULATED by the undersigned for the respective parties, subject to the approval of the Court, that this action be remanded to the Commissioner of Social Security for further administrative action pursuant to sentence six of 42 U.S.C. § 405(g). Upon remand, Plaintiff will be granted a de novo administrative hearing. The Commissioner has been unable to locate the audio tape associated Plaintiff's September 22, 2005 hearing decision, which is the subject of this action. The parties had previously stipulated to an extension of time for the Commissioner to answer Plaintiff's Complaint with the hope that the tape would be located, but that has not happened so Plaintiff will be given an new hearing. The parties filed another stipulated extension when information surfaced suggesting that Plaintiff's counsel might be able to access to the tape, but that has not been the case.

Dated: July 3, 2008

James Hunt Miller

(As authorized on July 3, 2008)

JAMES HUNT MILLER Attorney for Plaintiff

JOSEPH P. RUSSONIELLO United States Attorney

Dated: July 3, 2008

ELIZABETH FIRER Special Assistant United States Attorney

PURSUANT TO STIPULATION, IT IS SO ORDERED that this matter shall be remanded for a de novo hearing pursuant to sentence six of 42 U.S.C. § 405(g).

IT IS SO ORDERED

20080721

© 1992-2008 VersusLaw Inc.



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