Kushner v. Social Security, Commissioner of

Filing 15

ORDER granting 14 Stipulated motion for remand to Commissioner of Social Security.Signed by District Judge Gershwin A. Drain. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JORDAN KUSHNER,
Plaintiff,
v.
NANCY A. BERRYHILL, ACTING
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,

Case No. 17-cv-10072
UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN
UNITED STATES MAGISTRATE JUDGE
R. STEVEN WHALEN

Defendant.
__________________________/
ORDER GRANTING STIPULATED MOTION FOR REMAND [14]
Pending before the Court is a Stipulated Motion for Remand Under Sentence
Six of 42 U.S.C. § 405(g). The sixth sentence in § 405(g) states:
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…
42 U.S.C.A. § 405(g). “[A] missing or incomplete file may constitute good cause to
remand the claim to the Commissioner to produce the record.” Gonzales v. Comm’r
of Soc. Sec., No. 08-14547, 2009 WL 3562621, at *1 (E.D. Mich. Oct. 28, 2009)
(Cox, J.) (citing H.R.Rep. No. 96–944, 96th Cong., 2d Sess. 59 (1980)).

-1-

In this case, the Commissioner cannot locate the Plaintiff’s claim file.
Accordingly, the Court finds good cause and hereby GRANTS the Stipulated Motion
for Remand [14]. This action is hereby REMANDED to Commissioner of Social
Security pursuant to the sixth sentence of § 405(g) to diligently search for and locate
the Plaintiff’s claims file.
SO ORDERED.
Dated: June 19, 2017
Detroit, MI

/s/Gershwin A Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge

I hereby certify that a copy of the foregoing document was mailed to the attorneys
of record on this date, June 19, 2017, by electronic and/or ordinary mail.

/s/Tanya Bankston
Case Manager, [phone]

-2-