Smith v. Social Security Administration

Filing 22

ORDER granting 21 MOTION to Remand filed by Social Security Administration. This case is remanded to the Commissioner as a "sentence six" remand. The Clerk shall administratively close the file. Signed by Magistrate Judge J. Thomas Ray on 4/1/09. (jct) (copy forwarded to ALJ and H&A)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION SANDRA DEE SMITH v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration ORDER Defendant has filed a Motion to Remand (docket entry #21) on the ground that, because he has been unable to locate the recording from Plaintiff's administrative hearing, he is unable to produce the required transcript. Defendant seeks remand to continue searching for the recording or, in the alternative, to hold a new administrative hearing. Although time has passed, Plaintiff has not opposed the remand by filing any objection. In pertinent part, 42 U.S.C. 405(g) (1995) provides the following: 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 . . . . Under the circumstances, there is good cause shown, and a remand is proper. IT IS THEREFORE ORDERED that Defendant's Motion to Remand (docket entry #21) is hereby GRANTED, and this case is remanded to the Commissioner. This is a "sentence six" remand. IT IS FURTHER ORDERED that the Clerk shall administratively close this file. DATED this 1st day of April, 2009. UNITED STATES MAGISTRATE JUDGE 3:08CV00039 JTR PLAINTIFF DEFENDANT

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