Vargas v. Commissioner of Social Security
Filing
18
ORDER entered by Judge Sara Darrow on November 19, 2014. Defendant's 17 Motion to Remand is GRANTED, and the matter is REMANDED to the Comissioner for further proceedings in accordance with this order. Because this remand is pursuant to Sentence Six of 42 U.S.C. Section 405(g), this Court retains jurisdiction, and final judgment will not be entered, nor will the case be closed. (SC, ilcd)
E-FILED
Wednesday, 19 November, 2014 02:00:55 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ROCK ISLAND DIVISION
TRICIA VARGAS, on behalf of A.V., a
minor,
Plaintiff,
v.
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
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Case No. 4:14-cv-04039-SLD-JEH
ORDER
This matter is now before the Court on Defendant Colvin’s Motion to Remand the case to
the Commissioner of Social Security for further proceedings. ECF No. 17.
In her motion, Defendant asserts that remand is necessary because Plaintiff submitted
new and material evidence to the Social Security Appeals Council that the Council did not
consider on the merits. Mot. Remand 1. Sentence Six of 42 U.S.C. § 405(g) provides:
The court may, on motion of the Commissioner of Social Security made for good
cause shown before the Commissioner files the Commissioner’s answer, remand
the case to the Commissioner of Social Security for further action by the
Commissioner of Social Security, and it may at any time order additional
evidence to be taken before the Commissioner of Social Security, but only upon a
showing that there is new evidence which is material and that there is good cause
for the failure to incorporate such evidence into the record in a prior proceeding;
and the Commissioner of Social Security shall, after the case is remanded, and
after hearing such additional evidence if so ordered, modify or affirm the
Commissioner’s findings of fact or the Commissioner’s decision, or both, and
shall file with the court any such additional and modified findings of fact and
decision, and, in any case in which the Commissioner has not made a decision
fully favorable to the individual, a transcript of the additional record and
testimony upon which the Commissioner’s action in modifying or affirming was
based.
42 U.S.C. § 405(g). In this case, Defendant represents to the Court that the new evidence she
wishes to consider is material, and was not previously before the Court because the Appeals
Council did not consider it. Mot. Remand 1. Additionally, Plaintiff states that in her view, the
Appeals Council erred in not considering this evidence, and agrees that it is appropriate for the
case to be remanded to the Commissioner. Pl.’s Req. Withdraw Mot. ¶¶ 3–5; ECF No. 16.
Since the parties appear to be in agreement about the materiality of the new evidence and
the need for remand, the Court finds that remand is appropriate and GRANTS Defendant’s
Motion to Remand, ECF No. 17, pursuant to Sentence Six of 42 U.S.C. § 405(g). Accordingly,
the case is REMANDED to the Commissioner for the taking of new evidence and modification
or affirmation of the Commissioner’s original decision, pursuant to the sixth sentence of 42
U.S.C. § 405(g).
Entered this 19th day of November, 2014.
________/s Sara Darrow_____________
SARA DARROW
UNITED STATES DISTRICT JUDGE
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