1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICOLAS ARIAS, No. 2:19-CV-0200-JAM-DMC 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 17 18 Plaintiff, who is proceeding pro se, brings this action for judicial review of a final 19 decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). Pending before the 20 court is defendant’s unopposed motion to remand (ECF No. 15). 21 Defendant argues that a remand is appropriate because the Certified 22 Administrative Record (CAR) is incomplete. Specifically, the CAR does not contain certain 23 exhibits, including statements submitted by the claimant and his mother. Moreover, defendant 24 indicates that this evidence appears to not have been considered by the Administrative Law Judge 25 (ALJ). The court agrees that a remand is warranted because further administrative proceedings 26 would remedy any defects in the current ALJ decision arising from the incomplete record. See 27 Kail v. Heckler, 722 F.2d 1496, 1497 (9th Cir. 1984). 28 / / / 1 Based on the foregoing, the undersigned recommends that defendant’s unopposed 2 | motion for a remand (ECF No. 15) be granted. 3 These findings and recommendations are submitted to the United States District 4 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 5 | after being served with these findings and recommendations, any party may file written objections 6 | with the court. Responses to objections shall be filed within 14 days after service of objections. 7 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 8 | Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 11 | Dated: January 21, 2020 Ssvcqo_ 12 DENNIS M. COTA 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28