McIntyre v. Social Security Administration, Commissioner
MEMORANDUM OPINION. Signed by Magistrate Judge T Michael Putnam on 6/12/15. (MRR)
2015 Jun-12 PM 02:21
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SHERRI GWYN MCINTYRE,
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Pending before the court is the defendant’s unopposed motion for remand
under Sentence Six of 42 U.S.C. § 405(g). (Doc. 7). The defendant seeks an order
remanding the case to the Commissioner, reciting that further administrative
proceedings are required because a review of the recording of the oral hearing held
before the Administrative Law Judge showed that the recording was “defective in that
the vocational expert’s testimony is partially inaudible.” (Doc. 7, p. 2). The
defendant seeks remand to give an Administrative Law Judge the opportunity to hold
a de novo administrative hearing. Having considered said motion, the court finds that
the motion to remand under sentence six of 42 U.S.C. § 405(g) is well taken.
On June 10, 2015, the parties consented to full dispositive jurisdiction by the
undersigned pursuant to 28 U.S.C. § 636(c). (Doc. 10). Accordingly, the Report and
Recommendation entered by the undersigned is VACATED. (Doc. 8). It is hereby
ORDERED that this case be REMANDED to the Commissioner for further actions,
specifically so that a de novo administrative hearing may be held and properly
recorded. An order of final judgment will be entered contemporaneously herewith.
DONE and ORDERED this the 12th day of June, 2015.
T. MICHAEL PUTNAM
U.S. MAGISTRATE JUDGE
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