Simpson v. Social Security Administration

Filing 5

ORDER granting 4 Defendant's Motion to Remand. This case is remanded as a "sentence six" remand. Signed by Magistrate Judge H. David Young on 10/22/08. (jct) (copy forwarded to ALJ and H&A)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION CECILIA SIMPSON PLAINTIFF v. NO. 3:08CV00149 HDY MICHAEL J. ASTRUE, Commissioner of the Social Security Administration DEFENDANT ORDER Michael J. Astrue ("Astrue"), the Commissioner of the Social Security Administration, has filed the pending unopposed motion for remand. See Document 4. He represents in the motion that the recording of the administrative hearing held on October 23, 2007, is partially or totally blank, and his representatives are therefore unable to produce a transcript of that hearing. For good cause shown, and in accordance with the provisions of "sentence six" of 42 U.S.C. 405(g), and Melkonyan v. Sullivan, 501 U.S. 89 (1991), the motion is granted. This case is remanded to Astrue. IT IS SO ORDERED this 22 day of October, 2008. UNITED STATES MAGISTRATE JUDGE

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