Herman v. Colvin

Filing 17

ORDER that Defendants Unopposed 16 Motion to Remand the Case to the Agency Pursuant to Sentence Six of 42 U.S.C. § 405(g), is GRANTED. This matter is remanded pursuant to sentence six of 42 U.S.C. § 405(g) based on the missing records, and, as such, the Court will not enter final judgment and will retain jurisdiction over this matter. Final judgment shall not enter until such time as the remand proceedings are completed and the matter returns to this Court. McGraw v. Barnhart, 450 F.3d 493, 496 n.1 (10th Cir. 2006), by Judge Wiley Y. Daniel on 2/26/2016.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 15-cv-02675-WYD
KIMBERLY ANN HERMAN,
Plaintiff,
v.
CAROLYN COLVIN, acting Commissioner of Social Security,
Defendant.

ORDER GRANTING SENTENCE SIX REMAND
Daniel. J.
This matter is before me on Defendant’s Unopposed Motion to Remand the Case
to the Agency Pursuant to Sentence Six of 42 U.S.C. § 405(g). (ECF No. 16). 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 has determined that
a remand is appropriate at this time because at the administrative hearing, the
Administrative Law Judge (ALJ) stated that the F section of the medical records
contained 24 items with a page count of 1,216 pages. However, the F section of the
electronic folder only contains Exhibits 1F-11F, and the decision only discussed Exhibits
1F-11F. Moreover, the certified record contains only 893 pages, which is also
inconsistent with the 1,216 pages in the F section as the ALJ noted at the hearing.
Thus, a discrepancy exists between the ALJ’s statements at the administrative hearing

and the evidence in the electronic folder and the evidence discussed in the decision.
Further clarification regarding the number of exhibits and pages in the record is
necessary to determine whether the record needs to be supplemented with additional
medical records that were not exhibited or included in the electronic file.
Upon receipt of the Court’s remand order, the Appeals Council will remand
the case to an ALJ who will be instructed to clarify the number of exhibits and total
number of pages that are in the F section and, if necessary, to supplement the record
with any missing exhibits. The ALJ shall provide the claimant with an opportunity to
update the evidence of record in order to complete the administrative record in
accordance with the regulatory standards regarding existing medical evidence.
Accordingly, it is
ORDERED that Defendant’s Unopposed Motion to Remand the Case to the
Agency Pursuant to Sentence Six of 42 U.S.C. § 405(g) (ECF No. 16) is GRANTED.
This matter is remanded pursuant to sentence six of 42 U.S.C. § 405(g) based on
the missing records, and, as such, the Court will not enter final judgment and will
retain jurisdiction over this matter. Final judgment shall not enter until such time
as the remand proceedings are completed and the matter returns to this Court.
McGraw v. Barnhart, 450 F.3d 493, 496 n.1 (10th Cir. 2006).
Dated: February 26, 2016
BY THE COURT:

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

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