Stevens v. Astrue

Filing 11

ORDER stating that this case is remanded to the Commissioner for further proceedings. Signed by Judge B. Avant Edenfield on 6/7/2011. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
KENNETH L. STEVENS,
Plaintiff,
v.

6:11-cv-15

MICHAEL J. ASTRUE, Commissioner of
Social Security,
Defendant.
ORDER
Prior to filing an answer, Defendant
Michael J. Astrue, Commissioner of Social
Security (“Commissioner”), has filed a
motion seeking remand pursuant to sentence
six of Section 205(g) of the Social Security
Act, 42 U.S.C. § 405(g). See Doc. 10. The
Commissioner has been unable to locate the
recording of a hearing and, consequently,
the record is incomplete. See id. This Court
has the power to remand cases to the
Commissioner for this reason prior to the
Commissioner’s filing of an answer. See 42
U.S.C. § 405(g); Abrams v. Halter, 2001
WL 530431, *1 (S.D. Ala. Apr. 25, 2001);
H.R. REP. N O . 96-944, at 59 (1980),
reprinted in, 1980 U.S.C.C.A.N. 1407.
Plaintiff has failed to respond to the
Commissioner’s motion. Therefore, the
request is unopposed. See L.R. 7.5.
Upon consideration of the motion and
good cause shown, it is, ORDERED THAT

THIS CASE IS REMANDED TO THE
COMMISSIONER.

This 7th day of June 2011.

1)
AVANT DENFIELØ+JTJDGE
UNFED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA