UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
April 10, 2012
JOE D. FORSYTHE,
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge
STIPULATION AND [PROPOSED] ORDER FOR REMAND TO THE COMMISSIONER OF SOCIAL SECURITY PURSUANT TO ) SENTENCE SIX OF 42 U.S.C. § 405(g)
IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that this action be remanded to the Commissioner of Social Security for further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence six.
Meaningful review of this case is not possible because the recordings of Plaintiff's hearing, held on November 4, 2008, cannot be located. Upon receipt of the court's order, the Appeals Council will continue to search for the recording. If the recording cannot be located in a reasonable amount of time, the Appeals Council will remand the case for a de novo hearing.
Respectfully submitted, Law Offices of Ann M. Cerney Dated: April 9, 2012 By: /s/ Ann M. Cerney ANN M. CERNEY (As authorized via email) Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration Dated: April 9, 2012 By: /s/ Tova D. Wolking TOVA D. WOLKING Special Assistant U.S. Attorney Attorneys for Defendant
APPROVED AND SO ORDERED:
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