Shade v. Berryhill

Filing 27

ORDER REMANDING CASE PURSUANT TO SENTENCE SIX OF 42 U.S.C. § 405(g) by Judge Marsha J. Pechman. Court adopts the 26 Report and Recommendation. The Commissioner's motion to remand 18 is GRANTED. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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VIRGIL C. SHADE,
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Plaintiff,
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v.
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CAROLYN W. COLVIN, Commissioner of the
11 Social Security Administration

ORDER REMANDING CASE
PURSUANT TO SENTENCE SIX
OF 42 U.S.C. § 405(g)

Defendant.

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Case No. C15-1180-MJP-BAT

The Court, after careful consideration of plaintiff’s complaint (Dkt. 1), the papers filed in

14 support of and in opposition to the Commissioner’s motion to remand (Dkts. 18, 24, 25), the
15 Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate
16 Judge, and the balance of the record, does hereby find and ORDER:
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(1)

The Report and Recommendation is ADOPTED.

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(2)

The Commissioner’s motion to remand (Dkt. 18) is GRANTED.

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(3)

This matter is REMANDED for good cause pursuant to sentence six of 42 U.S.C.

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§ 405(g). On remand:

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a) The Appeals Council shall attempt to locate the missing records relating to the

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ALJ’s decision dated December 5, 2013. If the Appeals Council cannot locate the
missing records, it shall promptly reconstruct them. If the Appeals Council

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locates or reconstructs the missing records, it shall then determine if the file is
ORDER REMANDING CASE PURSUANT TO SENTENCE SIX OF
42 U.S.C. § 405(g) - 1

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complete. If the file is complete, the Appeals Council shall prepare a certified
administrative record.

b) If the missing records cannot be located or reconstructed, and the Appeals
Council determines that the file is not complete, it shall remand the case to an
ALJ, who shall hold a new hearing and issue a new decision on this claim.

c) The Court will retain jurisdiction over the case pursuant to 42 U.S.C. § 405(g).
The parties shall promptly notify the Court as to the outcome of the final
administrative decision in this case. Additionally, within 90 days after the
decision becoming administratively final, the parties shall either file before this

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Court notice of a favorable administrative decision, or, if the decision is
unfavorable to Mr. Shade, the Commissioner shall file the administrative record
so that Mr. Shade may seek judicial review by reinstating this case.
DATED this 23rd day of May, 2016.

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A
Marsha J. Pechman
United States District Judge

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ORDER REMANDING CASE PURSUANT TO SENTENCE SIX OF
42 U.S.C. § 405(g) - 2