Campbell v. Berryhill

Filing 4

ORDER granting 3 Agreed Motion to Remand to Social Security. Signed by District Judge Martin Reidinger on 3/27/2012. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12cv05

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

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ORDER OF REMAND

THIS MATTER is before the Court on the Defendant’s Agreed Motion
for Entry of Remand under Sentence Six of 42 U.S.C. §405(g). [Doc. 3]. As
noted, the Plaintiff agrees with the request for remand.
Sentence six of 42 U.S.C. §405(g) provides in pertinent 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, and it may at any time order additional evidence to be
taken before the Commissioner of Social Security, but only upon
a showing that there is new evidence which is material and that
there is good cause for the failure to incorporate such evidence
into the record in a prior proceeding[.]
42 U.S.C. §405(g). The Commissioner here has not yet filed Answer.

The parties advise that the Appeals Council has reconsidered the
Plaintiff’s request for an administrative hearing and proposes that the case be
remanded so that such a hearing may occur. The Appeals Council further
proposes that the Administrative Law Judge be instructed to obtain certain
exhibits which were submitted in connection with the request for a hearing, to
consider the same and to consolidate this matter with a subsequent
application presently pending at the hearing level.
Based on the parties’ submission, the Court finds that there is new
evidence in the form of the exhibits referenced herein which the Appeals
Council now considers to be material.

Moreover, because the Appeals

Councils previously did not consider these exhibits, good cause has been
shown for the failure to incorporate them into the record of the prior
proceeding. Remand pursuant to Sentence six of §405(g) is therefore
appropriate. Melkonyan v. Sullivan, 501 U.S. 89, 111 S.Ct. 2157, 115 L.Ed.2d
78 (1991).
IT IS, THEREFORE, ORDERED that the Defendant’s Agreed Motion for
Entry of Remand under Sentence Six of 42 U.S.C. §405(g) [Doc. 3] is hereby
GRANTED.
IT IS FURTHER ORDERED that upon remand the Appeals Council shall
instruct the Administrative Law Judge to obtain any missing exhibits submitted

in connection with the Plaintiff’s request for a hearing, to consolidate this
matter with subsequent applications filed on July 7, 2010 and to conduct an
administrative hearing.
The Clerk of Court is instructed that no Judgment shall be entered but
this case shall be administratively closed.
Signed: March 27, 2012