Hollister v. Commissioner
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/16/11 ORDERING 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. CASE CLOSED. (Benson, 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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JAMES J. HOLLISTER,
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Plaintiff,
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No. CIV S-11-1832-CMK
vs.
ORDER
COMMISSIONER OF SOCIAL
SECURITY,
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Defendant.
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/
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Plaintiff, who is proceeding with retained counsel, brings this action for judicial
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review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g).
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Pending before the court is defendant’s motion to remand this action to the Commissioner of
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Social Security pursuant to sentence six of 42 U.S.C. § 405(g).
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Defendant states that a significant portion of the recording from plaintiff’s
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administrative hearing is inaudible. With the recording being inaudible, no transcript can be
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produced for completing the record. Such procedural defect requires a remand for the defendant
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to hold a new administrative hearing. Defendant further states that once the new hearing has
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been held, and the record completed, this action may be reinstated.
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Good cause appearing therefore, IT IS HEREBY ORDERED that this action be
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remanded to the Commissioner of the Social Security administration pursuant to sentence six of
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42 U.S.C. § 405(g), and the Clerk of the Court is directed to close this file.
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DATED: November 16, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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