BUTLER v. COLVIN

Filing 53

ORDER ACCEPTING AND ADOPTING 52 REPORT AND RECOMMENDATION ; granting 51 Motion to Remand. Signed by JUDGE MARK E WALKER on 4/10/2018. This Court shall retain jurisdiction in this matter and the Clerk shall withhold the entry of final judgment in this case because this cause is remanded pursuant to Sentence Six of 42 U.S.C. § 405(g). The Clerk shall, however, administratively close this matter pending the completion of the administrative proceedings. The parties shall request that the Court re-open this matter at the conclusion of the administrative proceedings. (kdm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
TERESA BUTLER,
Plaintiff,
v.

Case No. 1:13cv125-MW/GRJ

NANCY A. BERRYHILL,
Acting Commissioner of
Social Security Administration,
Defendant.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation. ECF No. 52. Upon consideration, no objections having
been filed by the parties,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion as follows:
1.

Defendant’s Motion for Remand Under Sentence Six of
42 U.S.C. § 405(g), ECF No. 51 is GRANTED.

2.

This action is REMANDED to the Commissioner pursuant to
Sentence Six of 42 U.S.C. § 405(g) for the Appeals Council to
determine if all the materials, including the hearing record, are
complete and, if so, to prepare the certified administrative
record. If not, the Appeals Council shall remand the case to an
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Administrative Law Judge to reconstruct the administrative record,
hold another hearing, and issue a new decision for the period of
September 16, 2010, to November 25, 2014.
3.

The Commissioner should provide the Court with status reports
every three months regarding the progress of the remand process.

4.

This Court shall retain jurisdiction in this matter and the Clerk shall
withhold the entry of final judgment in this case because this cause
is remanded pursuant to Sentence Six of 42 U.S.C. § 405(g).
The Clerk shall, however, administratively close this matter
pending the completion of the administrative proceedings. The
parties shall request that the Court re-open this matter at the
conclusion of the administrative proceedings.

SO ORDERED on April 10, 2018.
s/Mark E. Walker
____
United States District Judge

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