Randolph-Brown v. Astrue

Filing 19

ORDER granting 17 Motion to Remand pursuant to Sentence Six of Section 205(g) of the Social Security Act, 42 U.S.C. § 405 (g), to Commissioner of Social Security. Signed by Chief Judge Robert J. Conrad, Jr on 4/13/2012. (tmg)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-cv-342-RJC-DSC
JACQUELINE MICHELLE RANDOLPH-BROWN,
on behalf of A.C.R.
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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ORDER

Pursuant to the power of this Court under sentence six of section 205(g) of the Social
Security Act, 42 U.S.C. § 405 (g), providing that a reviewing court may remand a case to the
Commissioner for the consideration of additional evidence, if the evidence is (1) new, (2)
material, and (3) good cause exists for failing to present the evidence earlier, and in light of the
government’s request to remand this action for further consideration, it is ordered that, upon
remand, the Administrative Law Judge will consider the additional evidence submitted to the
court and the subsequent allowance for disability benefits in accordance with the Social Security
Administration, Office of Hearings and Appeals, Litigation Law Manual sections I-4-2-101 and
I-5-3-17.
Therefore, this Court hereby remands the Commissioner’s decision under sentence six of
42 U.S.C. § 405(g), for further proceedings.

Signed: April 13, 2012