Whitsett v. Commissioner of Social Security
Filing
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ORDER DISCHARGING 19 Order to Show Cause; ORDERED that The Commissioner shall file a status report every 90 days regarding the progress of administratice proceedings; ORDERED to administatively closed this case, signed by Magistrate Judge Sheila K. Oberto on 06/07/2011. CLOSED CASE(Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GLENN V. WHITSETT,
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CASE NO. 1:10-cv-1070-SKO
Plaintiff,
ORDER FOR STATUS UPDATES
v.
MICHAEL J. ASTRUE, Commissioner of
Social Security,
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Defendant.
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/
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On February 4, 2011, the Court approved the parties' stipulation to remand this case pursuant
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to the sixth sentence of Section 205(g) of the Social Security Act to allow the Appeals Council to
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continue to search for the recording of Plaintiff's hearing, which previously could not be located.
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(Doc. 17.) According to the stipulation and order, if the Appeals Council could not locate the
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recording within a reasonable time, the Appeals Council would remand this case to an
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Administrative Law Judge ("ALJ") with instructions to hold a de novo hearing and issue a new
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decision.
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On April 6, 2011, the Commissioner filed a status report informing the Court that the
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Appeals Council searched for the hearing tape but could not locate it. Thus, the Appeals Council
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remanded the case for assignment to an ALJ to hold a de novo hearing and issue a new decision.
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Plaintiff has shown cause why the matter should not be dismissed; however, administrative
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closure of the case is warranted. The Court retains jurisdiction over the matter, and either party may
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file a request to reopen the case once the administrative proceedings below have been completed.
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Further, the Commissioner shall file a status report every 90 days from the date of this order
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regarding the progress of the administrative proceedings.
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Accordingly, the COURT HEREBY ORDERS THAT:
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1.
The May 16, 2011, order to show cause is DISCHARGED;
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2.
The Commissioner shall file a status report every 90 days from the date of this order
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regarding the progress of the administrative proceedings; and
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3.
This case shall be administratively closed.
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IT IS SO ORDERED.
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Dated:
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June 7, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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