Shaw v. Commissioner of Social Security
Filing
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STIPULATION and ORDER for Remand Pursuant to Sentence Six signed by Magistrate Judge Jennifer L. Thurston on 6/30/2011. (Leon-Guerrero, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MONTE Y. SHAW,
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Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
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Defendant.
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1:10-cv-02350 JLT
STIPULATION AND ORDER FOR REMAND
PURSUANT TO SENTENCE SIX OF 42 U.S.C. §
405(g)
IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel
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of record, that this action be remanded to the Commissioner of Social Security for further
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administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. §
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405(g), sentence six.
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Remand is necessary because the Appeals Council has notified agency counsel that the claim
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file associated with Plaintiff’s complaint cannot be located at this time. Upon receipt of the remand
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order, the Commissioner will continue to search for the claim file. If the claim file cannot be located
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within a reasonable period of time, the Appeals Council will remand the case for a de novo hearing
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with instructions to the ALJ to reconstruct the claim file, hold a new hearing, and issue a new
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decision. If appropriate, the Commissioner will reinstate the action in this Court when the record is
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complete, and Plaintiff should be afforded the opportunity to file an amended complaint at that time.
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Respectfully submitted,
Date: June 29, 2011
/s/
(As authorized by email on June 29, 2011)
Ann Cerney
Attorney for Plaintiff
Date: June 29, 2011
BENJAMIN B. WAGNER
United States Attorney
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By:
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/s/ Peter Thompson
PETER THOMPSON
Special Assistant United States Attorney
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ORDER
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Upon the stipulation of the parties, the Court hereby ORDERS:
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1.
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Security Act, 42 U.S.C. § 405(g);
2.
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The matter is remanded pursuant to the sixth sentence of section 205(g) of the Social
The parties are ORDERED to file a joint status report every 60 days after the date
of this order updating the Court of the activities below; and
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The Clerk of Court is DIRECTED to ADMINISTRATIVELY CLOSE the case.
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The Court will direct the Clerk to re-open the case if or when the matter is concluded
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below.
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IT IS SO ORDERED.
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Dated: June 30, 2011
9j7khi
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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