White v. Astrue

Filing 17

MEMORANDUM AND ORDER re: 16 MOTION to Remand Case to Social Security Administration filed by Defendant Michael J. Astrue motion is GRANTED. Signed by Magistrate Judge Shirley P. Mensah on 12/13/12. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
ZELDA M. WHITE,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security
Defendant.

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Case No. 2:12-CV-53-SPM

MEMORANDUM AND ORDER
This case is before the Court on Commissioner Michael J. Astrue’s Motion
to Remand the case to the Commissioner for further administrative action
pursuant to sentence six of 42 U.S.C. § 405(g) . (Doc. No. 16). Plaintiff has not
filed an opposition to the Commissioner’s motion.
On July 23, 2012, Plaintiff filed a Complaint seeking review of the
Commissioner’s decision that Plaintiff was not under a disability within the
meaning of the Social Security Act.

(Doc. No. 1).

Both Plaintiff and the

Commissioner consented to have the undersigned United States Magistrate
Judge conduct all proceedings in the case, including trial and entry of a final
judgment, in accordance with 28 U.S.C. § 636(c)(1).

(Doc. No. 13).

The

Commissioner’s answer was due on November 28, 2012. (Doc. Nos. 14 & 15).
On November 28, 2012, before filing an answer, the Commissioner filed a
motion to remand the case to the Commissioner for further administrative action
pursuant to sentence six of 42 U.S.C. § 405(g). (Doc. No. 16). Sentence six of
Section 405(g) provides, in relevant part:

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. § 405(g).
The Commissioner represents in his motion that the Appeals Council of
the Social Security Administration has determined that significant portions of
the recording of the hearing held on November 3, 2010, were inaudible. The
Commissioner asserts that if the Court remands this action, the Appeals Council
will remand the case to an Administrative Law Judge for a new hearing.
The Court finds that the absence of a full and accurate record of the
hearing constitutes good cause for remand.

See Pryor v. Astrue, No.

2:11CV00032 ERW, 2011 WL 4954810, at *1 (E.D. Mo. Oct. 18, 2011); see also
H.R. Rep. 96-944, at 59 (1980) (Conf. Rep.) (giving as an example of “good cause”
for remand a situation in which the tape recording of a claimant’s hearing was
inaudible). Thus, the Court remands this case pursuant to sentence six of 42
U.S.C. § 405(g).
Accordingly,
IT IS HEREBY ORDERED that the Commissioner’s Motion for Remand
(Doc. No. 16) is GRANTED.
/s/Shirley Padmore Mensah__________
SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 13th

day of December, 2012.

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