Hearon v. Colvin

Filing 15

ORDER Granting 14 Defendants Unopposed Motion to Remand pursuant to Sentence 6 of 42 U.S.C. § 405(g), by Judge Wiley Y. Daniel on 11/24/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 15-cv-02103-WYD
LYNDA HEARON,
Plaintiff,
v.
CAROLYN COLVIN, acting Commissioner of Social Security,
Defendant.

ORDER GRANTING SENTENCE 6 REMAND
Daniel. J.
This matter is before me on Defendant’s Unopposed Motion to Remand pursuant
to Sentence 6 of 42 U.S.C. § 405(g). (ECF No. 14). I grant the motion and REMAND
the case to the agency.
Sentence six of 42 U.S.C. § 405(g) provides that the Court may, “on motion of
the Commissioner of Social Security made for good cause shown before” she files her
answer, remand the case to the Commissioner for further action. The answer has not
yet been filed in this case.
The Social Security Administration’s Appeals Council requests voluntary remand
of this case for consideration of new and material evidence. Upon remand, the Appeals
Council will remand the case to an administrative law judge (ALJ) to review the
materials submitted by Plaintiff on July 27, 2015. The ALJ will also allow Plaintiff to
submit additional relevant evidence, hold a supplemental hearing, and issue a new
decision on the complete record. Accordingly, it is

ORDERED that Defendant’s Unopposed Motion to Remand pursuant to
Sentence 6 of 42 U.S.C. § 405(g) (ECF No. 14) is GRANTED. This matter is
remanded pursuant to sentence six of 42 U.S.C. § 405(g) and, as such, the Court
will not enter final judgment and will retain jurisdiction over this matter. Upon
remand, the Appeals Council shall remand the case to an ALJ to review the
materials submitted by Plaintiff on July 27, 2015. The ALJ shall allow Plaintiff to
submit additional relevant evidence, hold a supplemental hearing, and issue a
new decision on the complete record.
Dated: November 24, 2015
BY THE COURT:

/s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR U.S. DISTRICT JUDGE

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