Rogman v. Colvin

Filing 10

MEMORANDUM AND ORDER - Defendant's Motion to Remand (filing 9 ) is granted. This action is remanded to the Commissioner pursuant to sentence six of 42 U.S.C. § 405(g) for further administrative proceedings as described above. The court do es not affirm, reverse, or modify the Commissioner's decision and retains jurisdiction of this action during the administrative proceedings. The administrative proceedings on remand shall be completed by no later than one hundred and twenty (120) days from the date of this Memorandum andOrder. Defendant shall file monthly status reports in this matter at the expiration of thirty (30), sixty (60) and ninety (90) days from the date of this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RANDY ROGMAN,
Plaintiff,
v.
CAROLYN W. COLVIN,
Defendant.

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4:14CV3101

MEMORANDUM
AND ORDER

This matter is before me on Defendant’s Motion to Remand. (Filing 9.)
Plaintiff filed his Complaint on May 15, 2014. (Filing 1.) On November 20, 2014,
Defendant filed a Motion to Remand. (Filing 9.) Plaintiff did not file a response.
Therefore, I will consider the Motion uncontested.
Defendant requests a remand pursuant to sentence six of 42 U.S.C. § 405(g)
because Defendant cannot locate the claims file supporting the Administrative Law
Judge’s June 15, 2013, decision in Plaintiff’s case, or the recording of the
administrative hearing held on May 29, 2012. (Filing 9.) Sentence six of § 405(g)
provides that “the court may, on motion of the Commissioner of the 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). “Under sentence six, ‘the
district court does not affirm, modify, or reverse the Secretary’s decision; it does not
rule in any way as to the correctness of the administrative determination.’” Travis v.
Astrue, 477 F.3d 1037, 1039 (8th Cir. 2007) (quoting Melkonyan v. Sullivan, 501 U.S.
89, 98 (1991)). Moreover, under “sentence six,” the parties must return to the district
court at the conclusion of the administrative proceedings to obtain a final judgment.
Melkonyan, 501 U.S. at 98.

Defendant has shown that good cause exists to remand the claim to the
Commissioner for appropriate action to produce a record pursuant to sentence six of
§ 405(g).
IT IS ORDERED that:
1.

Defendant’s Motion to Remand (filing 9) is granted.

2.
This action is remanded to the Commissioner pursuant to sentence six of
42 U.S.C. § 405(g) for further administrative proceedings as described above.
3.
The court does not affirm, reverse, or modify the Commissioner’s
decision and retains jurisdiction of this action during the administrative proceedings.
4.
The administrative proceedings on remand shall be completed by no later
than one hundred and twenty (120) days from the date of this Memorandum and
Order.
5.
Defendant shall file monthly status reports in this matter at the expiration
of thirty (30), sixty (60) and ninety (90) days from the date of this Memorandum and
Order.
DATED this 10th day of December, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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