Adair v. Social Security Administration Commissioner

Filing 14

MEMORANDUM OPINION. Signed by Honorable James R. Marschewski on July 13, 2011. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION

JENNIFER ADAIR
v.

PLAINTIFF
CIVIL NO. 11-2056

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT

MEMORANDUM OPINION
Plaintiff, Jennifer Adair, filed this action on March 28, 2011, seeking judicial review of a
decision of the Commissioner of Social Security (“Commissioner”) pursuant to 42 U.S.C. § 405(g).
ECF No. 1. In place of an answer, Defendant filed a motion to remand for further administrative
action pursuant to sentence six of 42 U.S.C. § 405(g). ECF No. 13. Specifically, Defendant seeks
remand for the ALJ to consider newly submitted evidence that, due to clerical error, was not
considered in the adjudication of Plaintiff’s disability claim. ECF No. 13, at 2.
Pursuant to sentence six of 42 U.S.C. § 405(g), a district court may remand a social security
case when the Commissioner, for good cause, requests remand to take further administrative action
before filing an answer to the complaint. 42 U.S.C. §405(g); Shalala v. Schaefer, 509 U.S. 292, 113
S.Ct. 2625 (1993). Defendant has satisfied the statutory requirements, and good cause supports the
request to remand.
Based on the foregoing, the undersigned grants Defendant's motion and remand this case to
the Commissioner for further administrative action pursuant to sentence six of 42 U.S.C. § 405(g).
DATED this 13th day of July 2011.

/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI
CHIEF U.S. MAGISTRATE JUDGE