Lutz v. Colvin

Filing 13

ORDER GRANTING DEFENDANT'S MOTION TO REMAND PURSUANT TO SENTENCE SIX OF 42 U.S.C. § 405(g) granting ECF No. 11 . Case remanded to the Commissioner of Social Security for further proceedings. FILE ADMINISTRATIVELY CLOSED. Signed by Magistrate Judge John T. Rodgers. (PH, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
STANLEY LEE LUTZ,

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Plaintiff,

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v.

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CAROLYN W. COLVIN,
Commissioner of Social Security,

No. 2:14-CV-0317-JTR
ORDER GRANTING DEFENDANT’S
MOTION TO REMAND PURSUANT
TO SENTENCE SIX OF 42 U.S.C. §
405(g)

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Defendant.

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BEFORE THE COURT is Defendant’s Motion for Remand of the above-

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captioned matter to the Commissioner for additional administrative proceedings,

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including a de novo hearing, pursuant to sentence six of 42 U.S.C. § 405(g). ECF

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No. 11. Attorney Dana Madsen represents Plaintiff; Special Assistant United

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States Attorney Danielle R. Mroczek represents Defendant. The parties have

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consented to proceed before a magistrate judge. ECF No. 8.

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Plaintiff filed his complaint in this matter on September 26, 2014. ECF No.

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1. Defendant has not yet filed an answer to the complaint. Pursuant to sentence

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six of 42 U.S.C. § 405(g), the Court may remand the case to the Commissioner for

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good cause shown before an answer is filed and retain jurisdiction. See Melkonyan

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v. Sullivan, 501 U.S. 89, 98, 101 n. 2 (1991). Here, Defendant asserts that a
ORDER GRANTING STIPULATED MOTION TO REMAND . . . - 1

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remand is necessary because significant portions of the recording of the

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administrative hearing held on June 13, 2013, are inaudible. ECF No. 12 ¶ 4.

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Plaintiff’s counsel does not object to Defendant’s request for a sentence six

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remand. ECF No. 12 ¶ 6. After considering the file and proposed order, the Court

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finds good cause exists for the matter to be remanded for a de novo hearing and

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new decision. Accordingly,

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IT IS ORDERED:

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1.

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The Defendant’s Motion For Remand Pursuant to Sentence Six of 42

U.S.C. § 405(g), ECF No. 11, is GRANTED.
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The above-captioned case is REVERSED and REMANDED to the

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Commissioner of Social Security for further administrative proceedings, including

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a de novo hearing, pursuant to sentence six of 42 U.S.C. § 405(g). On remand, the

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administrative law judge (ALJ) shall offer Plaintiff an opportunity for a new

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hearing, further update the medical record as deemed necessary, and issue a new

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decision.

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3.

The Court shall maintain jurisdiction of this action pursuant to 42

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U.S.C. § 405(g). If the outcome is still unfavorable to Plaintiff, he may seek

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judicial review by reinstating this case rather than by filing a new complaint.

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The District Court Executive is directed to enter this Order, forward copies
of the Order to counsel, and ADMINISTRATIVELY CLOSE THE FILE.
DATED December 2, 2014.

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_____________________________________
JOHN T. RODGERS
UNITED STATES MAGISTRATE JUDGE

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ORDER GRANTING STIPULATED MOTION TO REMAND . . . - 2