Soto v. Commissioner of Social Security

Filing 25

ORDER granting 21 the Commissioner's Motion to Remand pursuant to sentence six of 42 USC 405(g). Signed by Magistrate Judge Philip R. Lammens on 9/19/2017. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CARLOS H. SOTO,
Plaintiff,
v.

Case No: 5:17-cv-241-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.

ORDER
This matter is before the Court on the Commissioner’s motion to remand. (Doc. 21). The
Commissioner advises that she is unable to locate the claims file for the ALJ’s decision of August
12, 2015. Therefore, the Commissioner requests a remand, pursuant to sentence six of 42 U.S.C.
§405(g) in order to take further administrative action.
Pursuant to 42 U.S.C. §405(g) of the Social Security Act, this Court may remand a case to
the Commissioner on motion of the Commissioner made for “good cause shown” before she files
her answer. As the Commissioner has not yet filed an answer in the instant case, the sole issue for
consideration is whether the Commissioner has shown good cause for the requested remand. The
Court acknowledges that Plaintiff opposes the requested relief. However, the Court cannot perform
its role on appeal without the benefit of the claims file. Under these circumstances, there is good
cause to support a remand under sentence six.
In view of the foregoing, it is ORDERED that:
(1) Defendant’s Motion For Remand (Doc. 21) is GRANTED;

(2) This action is REMANDED to the Commissioner, pursuant to sentence six of 42
U.S.C. § 405(g), for the Commissioner to take further administrative action, subject to the
requirement that the Commissioner provide the Court with status reports every three months
regarding the progress of the remand process;
(3) Because this cause is remanded pursuant to sentence six of 42 U.S.C. § 405(g), the
Court shall retain jurisdiction in this matter. Accordingly, the Clerk shall administratively close
the file and withhold the entry of a final judgment in this case.
DONE and ORDERED in Ocala, Florida on September 19, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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