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07-3707 - Pitts v. Commissioner of Social Security Administration

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07-3707 - Pitts v. Commissioner of Social Security Administration
September 15, 2008
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Report and Recommendation that the Commissioner's motion for a sixth sentence remand be granted and that the Appeals be ordered to review the materials submitted from Donna Pitts, and if all the materials including the hearing recording are complete, then the certified administrative record be prepared and submitted to the court. Otherwise, it is ordered that a new record be constructed for judicial review of the claim for benefits. It is further recommended due to the sixth sentence nature of the Commissioner's request, that this case be marked closed subject to reopening upon motion accompanied by the certified administrative record. Finally, the court should order that decision on a motion to reopen the case based on the reconstructed administrative record will not consider any request to expand the record. Any dispute over additional or new evidence which Donna Pitts seeks to include in the reconstructed record must await resolution by the Court upon separate motion after reopening of the case. Objections to R&R due by 9/29/2008. Magistrate Judge James S. Gallas on 9/15/2008. (W,G)
October 7, 2008
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Order Adopting Report and Recommendation of the Magistrate Judge. Accordingly, the Commissioner of Social Security's motion for remanded is granted. This case is closed. Signed by Judge Sara Lioi on 10/7/08. (B,IE)