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Darrius Burton v. Michael J. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 18, 2011

DARRIUS BURTON,
PLAINTIFF,
v.
MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL SECURITY,
DEFENDANT.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration DANIEL P. TALBERT Special Assistant U.S. Attorney 333 Market Street, Suite 1500 San Francisco, CA 94105 Telephone: (415) 977-8926 Fax: (415) 744-0134 Attorneys for Defendant

FIFTEENTH JOINT STATUS REPORT ON REMAND PURSUANT TO 42 U.S.C. 405(g), SENTENCE SIX; STIPULATION AND PROPOSED ORDER FOR JUDGMENT FOR PLAINTIFF FOURTEENTH JOINT STATUS REPORT

On February 20, 2008, by stipulation of the parties and order of the Court, this case was remanded to the Defendant Commissioner of Social Security because the tape recording of the administrative hearing was inaudible and an administrative record could not be prepared [Docket No. 15]. The Commissioner was directed to conduct a new administrative hearing.

After Plaintiff's unavailability due to his being in custody, an administrative hearing was held on March 16, 2009. Administrative Law Judge (ALJ) Christopher Larsen conducted a supplemental hearing on October 23, 2009. The ALJ issued a decision on December 4, 2009, finding that Plaintiff was not disabled as defined by the Social Security Act. Plaintiff then requested review by the Appeals Council, and on March 19, 2010, the Appeals Council remanded for a new hearing. Following the new hearing, the ALJ issued a decision dated November 24, 2010, finding that Plaintiff was disabled in a decision. See Exhibit 1, November 24, 2010 Fully Favorable Decision.

The parties further stipulate that judgment shall be entered for the Plaintiff and against the Commissioner.

ORDER

Pursuant to the parties' stipulation, judgment is entered for Plaintiff and against the Commissioner. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff.

IT IS SO ORDERED.

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20110118

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