Nechvatal v. Commissioner of Social Security

Filing 12

Memorandum of Opinion and Order For good cause shown, Defendant's Motion to Remand pursuant to sentence six, ECF No. 11 , is granted. Judge Benita Y. Pearson on 5/5/2016. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
KAREN E. NECHVATAL,
Plaintiff,
v.
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

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CASE NO. 1:15CV2450

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION
AND ORDER
[Resolving ECF No. 11]

An Administrative Law Judge (“ALJ”) denied Plaintiff Karen E. Nechvetal’s application
for Disability Insurance Benefits after a hearing in the above-captioned case. That decision
became the final determination of the Commissioner of Social Security when the Appeals
Council denied the request to review the ALJ’s decision. The claimant sought judicial review of
the Commissioner’s decision, and the Court referred the case to Magistrate Judge Kenneth S.
McHargh for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and Local
Rule 72.2(b)(1).
Pending is Defendant’s Motion to Remand (ECF No. 11) pursuant to sentence six of

(1:15CV2450)
section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).1 “Plaintiff’s attorney had no
objections to the filing of this Motion.” ECF No. 11 at PageID #: 56. For good cause shown, the
motion is granted. See Hollon ex rel. Hollon v. Comm’r of Soc. Sec., 447 F.3d 477, 485-86 (6th
Cir. 2006) (noting without disapproval that district court “had ordered a remand under sentence
six of § 405(g) to allow the Commissioner to either locate or reconstruct the lost administrative
record”).

IT IS SO ORDERED.

May 5, 2016
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

1

Section 205(g) of the Social Security Act, 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 . . . .
2