Gibbons v. Astrue

Filing 12

ORDER OF REMAND IT IS HEREBY ORDERED that the defendant's Motion for 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. Terminate Case. Signed by Honorable Charles A. Shaw on 5/22/2012. (NCL)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION REBECCA GIBBONS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) No. 4:12-CV-395 CAS ORDER OF REMAND This matter is before the Court on the defendant’s Motion for Remand. For the following reasons, the motion will be granted. In the Motion for Remand, defendant requests that this case be remanded to the Commissioner for further administrative proceedings. Specifically, defendant states that significant portions of the recording of the administrative hearing held on October 11, 2011 are inaudible and therefore no transcription can be prepared of the hearing. Plaintiff states that she 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 for 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 22nd day of May, 2012. 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?