McJoy v. Social Security Administration

Filing 14

ORDER granting 13 Motion to Remand to Social Security Administration for further administrative action pursuant to "sentence six" of section 405(g). Signed by Magistrate Judge Henry L. Jones, Jr on 6/23/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION EVORA McJOY V. MICHAEL J. ASTRUE, Commissioner, Social Security Administration ORDER Pending before the court is Defendant's Unopposed Motion to Remand for Further Administrative Proceedings. (DE # 13) Sentence six of 42 U.S.C. 405(g) authorizes a remand in two limited situations: where the Commissioner requests a remand before answering the complaint, or where the court orders the Commissioner to consider new, material evidence that was for good cause not presented before the agency. Here, the Defendant has not yet filed an Answer to Plaintiff's complaint; thus, remand pursuant to sentence six of 42 U.S.C. 405(g) is appropriate. Therefore, the Commissioner's CASE NO. 5:07CV00150-BSM-HLJ PLAINTIFF DEFENDANT unopposed motion to remand is hereby granted, and the case is remanded to the Commissioner for further administrative action pursuant to "sentence six" of section 405(g). IT IS SO ORDERED this 23rd day of June , 2009. ____________________________________ UNITED STATES MAGISTRATE JUDGE

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