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RODRIGUEZ v. BARNHART

June 21, 2005.

CARLOS RODRIGUEZ, Plaintiff,
v.
JO ANNE BARNHART, Commissioner of Social Security, Defendant.



The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

STIPULATION AND ORDER OF REMAND

IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the defendant and the plaintiff, that this action be, and hereby is, remanded to the Commissioner of Social Security, pursuant to sentence six of 42 U.S.C. § 405(g), for further administrative proceedings including either locating a missing hearing tape or giving plaintiff a second hearing. IT IS FURTHER STIPULATED AND AGREED that if the hearing tape has not been located within 90 days after entry of this stipulation and order, plaintiff will be given an opportunity to have a de novo hearing.

  SO ORDERED.

20050621

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