Denton v. Social Security Administration Commissioner

Filing 10

MEMORANDUM OPINION. Signed by Honorable Erin L. Setser on December 10, 2010. (tg)

Denton v. Social Security Administration Commissioner

Doc. 10

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION

GEORGIA DENTON

PLAINTIFF

v.

CIVIL NO.10-5120

MICHAEL J. ASTRUE, Commissioner Social Security Administration

DEFENDANT

MEMORANDUM OPINION Plaintiff, Georgia G. Denton, filed this action on July 2, 2010, seeking judicial review of a decision of the Commissioner of Social Security (Commissioner) pursuant to 42 U.S.C. § 405(g). (Doc. 1). On December 9, 2010, Defendant filed an unopposed motion requesting Plaintiff's case be remanded for further administrative action pursuant to sentence six of 42 U.S.C. § 405(g), so that the Appeals Council can locate the missing claim file in this case. (Doc. 9). 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 (1993). Here, we find good cause exists to support Defendant's request for remand. Based on the foregoing, we find remand appropriate and grant the Commissioner's motion to remand this case to the Commissioner for further administrative action pursuant to

AO72A (Rev. 8/82)

Dockets.Justia.com

sentence six of section 42 U.S.C. § 405(g) DATED this 10th day of December 2010

/s/ Erin L. Setser HON. ERIN L. SETSER UNITED STATES MAGISTRATE JUDGE

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AO72A (Rev. 8/82)