Lancaster v. Social Security Administration

Filing 21

ORDER granting 13 Unopposed Motion for Remand. This case is remanded to the Commissioner of the Social Security Administration. Signed by Judge James M. Moody on 8/29/2011. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARY ANN LANCASTER
V.

PLAINTIFF
5:10CV00151 JMM

MICHAEL J. ASTRUE,
Commissioner of the Social
Security Administration

DEFENDANT
ORDER

Pending is the Motion for Remand for Consideration of New and Material Evidence filed
by the Plaintiff. The disposition of the motion is governed by 42 U.S.C. § 405(g) (1995). In
pertinent part, it specifies:
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, and it may at any time order additional
evidence to be taken before the Commissioner of Social Security, but only upon a
showing that there is new evidence which is material and that there is good cause
for the failure to incorporate such evidence into the record in a prior proceeding; .
...
The evidence which Plaintiff seeks to have considered consists of Plaintiff’s disability
application of April 10, 2007, the ALJ decision of June 13, 2011, and any new evidence that
supports that decision. The Defendant agrees.
After review of the case, the Court finds that the unopposed Motion for Remand (Docket
# 13) should be, and hereby is, GRANTED. This case is remanded to the Commissioner of the
Social Security Administration.
IT IS SO ORDERED this 29th day of August, 2011.
_____________________________
James M. Moody
United States District Judge