Rodgers v. Astrue

Filing 12

ORDER OF REMAND..IT IS HEREBY ORDERED that the defendants Motion to Reverse and Remand is GRANTED. [Doc. 10] IT IS FURTHER ORDERED that pursuant to sentence six of 42 U.S.C. § 405(g), this case is REMANDED to the Commissioner for further administrative proceedings, as set forth above. Signed by Honorable Charles A. Shaw on 10/20/11. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

TRAY RODGERS,

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Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

No. 1:11-CV-113 CAS

ORDER OF REMAND
This matter is before the Court on the defendant’s Motion to Reverse and Remand. For the
following reasons, the motion will be granted.
In the Motion to Reverse and Remand, defendant requests that this case be remanded to the
Commissioner for further administrative proceedings. Specifically, defendant states that the
recording of the administrative hearing held on April 14, 2010 is inaudible and therefore no
transcription can be prepared of the hearing. Defendant states that plaintiff’s testimony regarding
his limitations and alleged disability is material to the Administrative Law Judge’s decision of
whether or not he is disabled as defined by the Social Security Act.
Plaintiff does not object to the defendant’s motion. Defendant has not yet filed an Answer
in this case. The Motion for Remand is therefore timely filed and the defendant has shown good
cause for such remand. See 42 U.S.C. § 405(g); Buckner v. Apfel, 213 F.3d 1006, 1010 (8th Cir.
2000). The case will be remanded for a new administrative hearing and issuance of a new decision
by the Administrative Law Judge.

Accordingly,
IT IS HEREBY ORDERED that the defendant’s Motion to Reverse and Remand is
GRANTED. [Doc. 10]
IT IS FURTHER ORDERED that pursuant to sentence six of 42 U.S.C. § 405(g), this case
is REMANDED to the Commissioner for further administrative proceedings, as set forth above.1

__________________________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 20th day of October, 2011.

1

It is the Commissioner’s duty to file with the district court the results of the proceedings upon
remand. 42 U.S.C. § 405(g).
2