Anderson v. Astrue (CONSENT)

Filing 12

ORDER that the 11 MOTION to Remand is GRANTED, and this action is REMANDED to the Commissioner pursuant to sentence six of § 405(g) for further administrative proceedings. Signed by Honorable Susan Russ Walker on 10/20/2009. (Attachments: #(1) Civil Appeals Checklist) Copies mailed to Thigpen and Waxman.(dmn)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION RUBY J. ANDERSON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER This action is presently before the court on the motion to remand filed by the Commissioner on October 9, 2009 (Doc. # 11). The Commissioner asks that this court remand this action pursuant to sentence six of 42 U.S.C. § 405(g)1 because the Commissioner has determined that three medical exhibits are missing from the administrative transcript. Plaintiff's counsel does not have copies of the exhibits and does not oppose the motion. Upon consideration of the Commissioner's motion, it is ORDERED that the motion is GRANTED, and this action is REMANDED to the Commissioner pursuant to sentence six of § 405(g) for further administrative proceedings. Done, this 20th day of October, 2009. /s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE
Sentence six permits remand "on motion of the Commissioner of Social Security made for good cause shown before the Commissioner files the Commissioner's answer . . . ." 42 U.S.C. § 405(g). See Melkonyan v. Sullivan, 501 U.S. 89, 100 n. 2 (1991); Shalala v. Schaefer, 509 U.S. 292, 297 n. 2 (1993).
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CIVIL ACTION NO. 1:09CV681-SRW ( W O)