Ray v. Social Security Administration

Filing 9

ORDER granting 8 Unopposed MOTION to Remand filed by Social Security Administration. This case is remanded as a "sentence six" remand. The Clerk is directed to administratively close the file. Signed by Magistrate Judge Joe J. Volpe on 4/21/2011. (jct) (copy forwarded to ALJ and H&A)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JAMES R. RAY, JR., v. PLAINTIFF 3:10-cv-00222-JJV MICHAEL J. ASTRUE, Commissioner, Social Security Administration, DEFENDANT ORDER Defendant has filed an unopposed Motion to Remand (Doc. No. 8). Defendant intends to offer Plaintiff a de novo hearing and issue a new decision because the record of the previous hearing cannot be located to prepare a transcript. 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. ยง 405(g) (1995). Under the circumstances, there is good cause shown and a remand is proper. The Motion of Defendant to remand (Doc. No. 8) 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. DATED this 21st day of April, 2011. ____________________________________ JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE

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