United States District Court, S.D. New York
June 21, 2005.
CARLOS RODRIGUEZ, Plaintiff,
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.
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