Luminoso v. Berryhill

Filing 6

ORDER that this matter is hereby remanded to the Commissioner for further proceedings, pursuant to sentence six of section 205(g) of the Social Security Act. Signed by Senior Judge Graham Mullen on 2/26/2018. (kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
VINCENT LUMINOSO,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.

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No. 1:17-CV-00330-GCM

ORDER
THIS MATTER is before the Court on the Defendant’s Consent Motion for Entry of
Judgment with Remand Under Sentence Six of 42 U.S.C. § 405(g). (Doc. No. 5). Plaintiff
consents to the Motion.
Sentence Six reads, 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 . . . .” The Court finds that the Commissioner has moved for
remand prior to filing her answer and has shown good cause for this remand in light of the new
evidence submitted in support of Plaintiff’s disability application.
It is therefore ORDERED that this matter is hereby REMANDED to the Commissioner
for further proceedings, pursuant to sentence six of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g). Upon remand, the Appeals Council will determine whether the evidence
supports a finding of disability. If the evidence does not support such a finding, the Appeals
Council will remand the case to an Administrative Law Judge to consider the additional evidence

submitted, further evaluate the claimant's residual functional capacity and consider whether there
are a significant number of jobs in the national economy that the claimant could perform.
Because this case is being remanded under sentence six of 42 U.S.C. § 405(g), this Court
shall retain jurisdiction of this case while it is pending before the Commissioner. See Melkonyan
v. Sullivan, 501 U.S. 89, 98 (1991). The Commissioner shall, after the proceedings on remand
have concluded, “file with the Court any such additional and modified findings of fact and
decision, and, in any case in which the Commissioner has not made a decision fully favorable to
the individual, a transcript of the additional record and testimony upon which the
Commissioner's action in modifying or affirming was based.” 42 U.S.C. § 405(g)
SO ORDERED.

Signed: February 26, 2018