See v. Commissioner of Social Security

Filing 13

ORDER Remanding the Action Pursuant to Sentence Six of 42 U.S.C. 405(g), signed by Magistrate Judge Jennifer L. Thurston on 12/8/17. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) Case No.: 1:17-cv-0711 - JLT
)
Plaintiff,
) ORDER REMANDING THE ACTION PURSUANT
) TO SENTENCE SIX OF 42 U.S.C. § 405(g)
v.
)
COMMISSIONER OF SOCIAL SECURITY, )
)
)
Defendant.
)
)
EEDOR SEE,

On December 6, 2017, the parties filed a stipulation that this matter be remanded pursuant to
sentence six of 42 U.S.C. § 405(g). (Doc. 12) In relevant part, 42 U.S.C. § 405(g) provides:
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 . . .

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Id. In this case, the parties report that “[m]eaningful review of this case is not possible because the

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Appeals Council has notified agency counsel that the claim file of the Administrative Law Judge’s

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(ALJ) decision dated September 4, 2015, cannot be located.” (Doc. 12 at 1) The parties have

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stipulated that, in the event the Appeals Council is unable to re-create the complete record, then “the

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Appeals Council will remand the case to an ALJ and direct the ALJ to reconstruct the record, and to

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offer Plaintiff a new hearing and issue a new decision.” (Id. a 1-2)
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Good cause appearing, and based upon the stipulation of the parties, the Court ORDERS:

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1.

The matter is REMANDED for further administrative action pursuant to the sixth
sentence of section 405(g) of the Social Security Act, 42 U.S.C. § 405(g);

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2.

Defendant’s motion to remand (Doc. 11) is terminated as MOOT; and

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2.

The Clerk of Court is DIRECTED to close this action.

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IT IS SO ORDERED.
Dated:

December 8, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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