IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 16, 2011
JAMES J. HOLLISTER,
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Plaintiff, who is proceeding with retained counsel, brings this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). Pending before the court is defendant's motion to remand this action to the Commissioner of Social Security pursuant to sentence six of 42 U.S.C. § 405(g).
Defendant states that a significant portion of the recording from plaintiff's administrative hearing is inaudible. With the recording being inaudible, no transcript can be produced for completing the record. Such procedural defect requires a remand for the defendant to hold a new administrative hearing. Defendant further states that once the new hearing has been held, and the record completed, this action may be reinstated.
Good cause appearing therefore, IT IS HEREBY ORDERED that this action be remanded to the Commissioner of the Social Security administration pursuant to sentence six of 42 U.S.C. § 405(g), and the Clerk of the Court is directed to close this file.
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