Anderson v. Commissioner of Social Security

Filing 15

ORDER granting 12 Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security's Amended Motion for Remand Under Sentence Six of 42 U.S.C. § 405(g) and the case is REMANDED. The Administrative Law Judge shall take the proper adm inistrative action and review the proper record. Because this cause is remanded pursuant to Sentence Six of 42 U.S.C. § 405(g), the Court shall retain jurisdiction in this matter. The Commissioner shall inform the Court in writing every ninety (90) days of the progress of the remand process. The Clerk shall administratively close the file and withhold entry of a final judgment in this case. Signed by Judge Sheri Polster Chappell on 10/14/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

ROBERT ANDERSON,
Plaintiff,
v.

CASE NO: 2:14-cv-355-FtM-38DNF

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
___________________________________/
ORDER1
This matter comes before the Court on Defendant, Carolyn W. Colvin, Acting
Commissioner of Social Security's Amended Motion for Remand Under Sentence Six of
42 U.S.C. § 405(g) (Doc. #12) filed on October 2, 2014. Pursuant to M.D. Fla. Local
Rule 3.01(g), Defendant conferred with Plaintiff who opposed the requested remand.
On October 7, 2014, Plaintiff filed his Response Objecting to Commissioner’s Motion to
Remand to Commissioner of Social Security. (Doc. #14). This matter is now ripe for
review.
On November 30, 2012, the Administrative Law Judge (ALJ) in this case issued
an unfavorable decision which denied Plaintiff disability benefits. After the unfavorable
decision, Plaintiff filed the instant action on June 26, 2014, seeking judicial review of the

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ALJ’s decision. (Doc. #1). On October 2, 2014, Defendant filed an Amended Motion
(Doc. #12) to which Plaintiff filed his Response (Doc. #14) on October 7, 2014.
In the Amended Motion, Defendant moves this Court to remand this case under
Sentence Six of 42 U.S.C. § 405(g) because the ALJ “relied on evidence from another
claimant….”

(Doc. #12 at 2).

Defendant argues the ALJ’s reliance on the wrong

evidence is sufficient good cause to remand the case to the Commissioner. (Doc. #12
at 2).
Plaintiff responds that the case should be remanded under Sentence Four of 42
U.S.C. § 405(g) not Sentence Six because Defendant fails to plead sufficient grounds
for good cause.

(Doc. #14 at 2). Plaintiff alleges the ALJ’s reliance on the other

individual’s record was harmless error and “omitting” the information would not change
the outcome. (Doc. #14 at 3). Plaintiff states Defendant’s Motion under Sentence Six
“is inconsistent with the relief sought by Plaintiff.” (Doc. #14 at 3). Plaintiff alleges he
requested an award of benefits which this Court would have the power to give him
under a Sentence Four reversal or at least a rehearing under Sentence Four remand.
(Doc. #14 at 4).
42 U.S.C. § 405(g) and § 1383(c)(3) of the Social Security Act give Sentence Six
which is at issue here:
The Court may, on motion of the Commissioner made for
good cause shown before he files his answer, remand the
case to the Commissioner for further action by the
Commissioner.
(Doc. #12 at 2). Sentence Six “allows for a remand in two instances: 1) for good cause
shown before the Commissioner answers for further action; or 2) at any time where
new, material evidence exists and there is good cause for failing to incorporate the

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evidence into the prior proceedings.” Garcia v. Comm'r of Soc. Sec., 6:10-cv-1063,
2010 WL 5209333 (M.D. Fla. Nov. 4, 2010) report and recommendation adopted, 6:10CV-1063, 2010 WL 5209331 (M.D. Fla. Dec. 16, 2010).
At issue in this case is whether or not good cause exists to remand the case
back to the Commissioner under sentence six of § 405(g). Both parties agree the
Administrative Law Judge reviewed another person’s information when making the
determination regarding Plaintiff’s case. (Doc. #12 at 2); (Doc. #14 at 2). Good cause
exists when an Administrative Law Judge reviews the record of a different individual in
making his determination of a plaintiff’s case. See McClean v. Astrue, 5:11-cv-665-OCTBS, 2012 WL 1325248 (M.D. Fla. Apr. 17, 2012) (holding that remanding under
Sentence Six for good cause is appropriate when the record contains another
individual’s information which was evaluated in considering plaintiff’s case). Thus good
cause exists in this case. Furthermore, the Commissioner filed the instant Motion (Doc.
#12) before filing an answer. (Doc. #12 at 1).
Since good cause exists, and the Commissioner filed this Motion before filing an
answer to the Complaint, the Commissioner’s motion to remand will be granted. See
Melkonyan v. Sullivan, 501 U.S. 89, 100, 111 S. Ct. 2157, 2164, 115 L. Ed. 2d 78, n. 2
(1991) (noting that “sentence six… authorizes the district court to remand on motion by
the Secretary made before the Secretary has filed a response in the action.); McClean,
2012 WL 1325248 *1.
Accordingly, it is now
ORDERED:

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Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security's
Amended Motion for Remand Under Sentence Six of 42 U.S.C. § 405(g) (Doc. #12) is
GRANTED and the case is REMANDED.
1. The Administrative Law Judge shall take the proper administrative action
and review the proper record.
2. Because this cause is remanded pursuant to Sentence Six of 42 U.S.C. §
405(g), the Court shall retain jurisdiction in this matter.
3. The Commissioner shall inform the Court in writing every ninety (90) days
of the progress of the remand process.
4. The Clerk shall administratively close the file and withhold entry of a final
judgment in this case.
DONE and ORDERED in Fort Myers, Florida this 14th day of October, 2014.

Copies: All Parties of Record

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