Perkins v. Social Security Administration

Filing 7

ORDER granting deft's 6 Motion to Remand; remanding case to the Commissioner; this is a "sentence six" remand; case is administratively terminated. Signed by Magistrate Judge Jerry W. Cavaneau on 3/17/11. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION CAROLYN PERKINS V. MICHAEL J. ASTRUE, Commissioner, Social Security Administration ORDER Defendant has filed a motion to remand (doc. 6). Defendant offers, for good cause, that he desires to have the case voluntarily remanded because the claims file and recording of the hearing held on April 8, 2008, cannot be located. Defendant further states that if the missing materials cannot be located within a reasonable time, a new hearing and decision will be sought. Plaintiff has not responded and the time for doing so has passed. The court may, on motion of the Commissioner of Social Security made for good cause shown before the Commissioner files the Commissioner's answer, remand the case to the Commissioner of Social Security for further action by the Commissioner of Social Security . . . . 42 U.S.C. § 405(g) (1995). Under the circumstances, there is good cause shown, and a remand is proper. Defendant's motion is hereby granted, and this case is remanded to the Commissioner. This is a "sentence six" remand. The Clerk is directed to administratively close this file. IT IS SO ORDERED this 17th day of March, 2011. NO. 1:10-cv-00095 JWC PLAINTIFF

DEFENDANT

_________________________________ UNITED STATES MAGISTRATE JUDGE