Hernandez v. Astrue

Filing 28

ORDER granting 27 Defendant's Unopposed Motion for Remand. The Court hereby REMANDS this matter to the Social Security Administration for the consideration of additional evidence in accordance with the sixth sentence of Social Security Act § 205(g), 42 U.S.C. § 405(g) (2006). By Judge John L. Kane on 11/4/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-01865-AP
Steven J. Hernandez,
Plaintiff,
v.
Carolyn W. Colvin, Acting Commissioner of Social Security,
Defendant.

Order

Upon consideration of Defendant’s Unopposed Motion for Remand (doc. #27), the
Court hereby REMANDS this matter to the Social Security Administration for the
consideration of additional evidence in accordance with the sixth sentence of Social
Security Act § 205(g), 42 U.S.C. § 405(g) (2006). On remand, the agency may “modify
or affirm [its] findings of fact or [its] decision, or both, and shall file with the [C]ourt any
such additional and modified findings of fact and decision.” Id. Furthermore, if the
decision on remand is not “fully favorable to [Plaintiff],” the agency shall also file “a
transcript of the additional record and testimony upon which [its] action in modifying or
affirming [the current decision] was based.” Id.

Because this case is being remanded under the sixth sentence of § 205(g), the
Court retains jurisdiction over this case. The clerk shall not issue a final judgment at this
time. See Shalala v. Schaefer, 509 U.S. 292, 297 (1993) (citing Melkonyan v. Sullivan,
501 U.S. 89, 101–02 (1991)).
DATED this 4th day of November, 2013.

s/John L. Kane_________
JOHN L. KANE
United States District Judge

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