Pippen v. Astrue

Filing 14

ORDER OF REMAND in accordance with agreement of the parties, this matter is REMANDED to the Commissioner pursuant to sentence six of 42:405(g) so that Appeals Council may conduct further proceedings proposed by the parties; Pltf's 10 Motion to Receive New and Material Evidence and Remand Case deemed WITHDRAWN. Signed by District Judge Martin Reidinger on 3/19/12. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv258

GLEN ALLEN PIPPEN,

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

ORDER OF REMAND

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THIS MATTER is before the Court on the parties’ Motion to Enter
Consent Order pursuant to Sentence Six of 42 U.S.C. §405(g). [Doc. 13].
The Plaintiff has moved for a remand on the basis of new evidence,
pursuant to sentence six of 42 U.S.C. § 405(g). The Appeals Council has
reviewed the new evidence submitted by the Plaintiff and has agreed that
evidence developed in connection with the Plaintiff's subsequent case is
relevant to the period adjudicated by the ALJ who decided the case now
under review, and that such evidence is new and material. The Appeals
Council further notes that the subsequent hearing decision did not comply with
the Albright Acquiescence Ruling 00-1(4).

The parties agree that upon remand, the Appeals Council will direct the
ALJ to consolidate the files relating to both applications, to consider all the
evidence in accordance with HALLEX I-5-3-17E, to further develop the record
as warranted, and to issue a new decision on the issue of disability.
Counsel for the Plaintiff and for the Defendant have conferred and have
determined that a sentence six remand to allow the Appeals Council to take
such proposed actions is mutually agreeable. The parties have likewise
agreed that Plaintiff's pending Motion to Receive New and Material Evidence
and Remand Case [Doc. 10] should be withdrawn.
IT IS, THEREFORE, ORDERED that, in accordance with the agreement
of the parties, this matter is REMANDED to the Commissioner pursuant to
sentence six of 42 U.S.C. § 405(g) so that the Appeals Council may conduct
the further proceedings proposed by the parties.1
IT IS FURTHER ORDERED that Plaintiff's Motion to Receive New and
Material Evidence and Remand Case [Doc. 10] is deemed WITHDRAWN.

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When a case is remanded pursuant to sentence six of 42 U.S.C. § 405(g), the
Court retains jurisdiction during the administrative proceedings on remand, and
judgment is not entered until the Commissioner issues a new final decision at the
administrative level and the case returns to this Court. See Melkonyan v. Sullivan, 501
U.S. 89, 102, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991).
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IT IS SO ORDERED.
Signed: March 19, 2012

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