Imes v. Colvin

Filing 17

REPORT AND RECOMMENDATIONS on the 16 MOTION to Remand Under Sentence Six filed by Nancy A. Berryhill. Noting Date 4/17/2017, signed by Judge J Richard Creatura. (MET)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

8
9
10

LORALEE IMES, parent and
guardian ad litem for C.I., a minor,
Plaintiff,

11
12
13
14
15

v.

CASE NO. 2:16-cv-01401 JCC-JRC
REPORT AND RECOMMENDATION
ON UNOPPOSED MOTION FOR
REMAND

NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,
Defendant.

16
17
18
19
20
21
22
23
24

This matter has been referred to Magistrate Judge J. Richard Creatura pursuant to 28
U.S.C. § 636(b)(1)(B) and Local Magistrates Rule MJR 4(a)(4), and as authorized by Mathews,
Secretary of H.E.W. v. Weber, 423 U.S. 261 (1976). This matter is before the Court on
Defendant’s Motion to Remand Pursuant to Sentence Six, 42 U.S.C. § 405(g). Dkt. 16. Plaintiff
filed no objections to this motion. Defendant “requests that the Court order the case remanded to
the Commissioner for further proceedings and a new decision.” Id. at p. 1.
After reviewing Defendant’s motion and the relevant record, the undersigned
recommends that the Court grant Defendant’s motion, and remand this matter to the Acting

REPORT AND RECOMMENDATION ON
UNOPPOSED MOTION FOR REMAND - 1

1

Commissioner, pursuant to sentence six of 42 U.S.C. § 405(g), in order for the Appeals Council

2

to determine if all the materials including the hearing recording are complete. This Court retains

3

jurisdiction of this action pending further administrative development of the record. See 42

4

U.S.C. § 405(g); see also Shalala v. Schaefer, 509 U.S. 292, 297-300 (1993). No judgment shall

5

enter at this time.

6

On remand, the Appeals Council should first determine whether or not all materials

7

including the hearing record are complete and the certified administrative record can be

8

prepared. If so, the Appeals Council will prepare the certified administrative record and file it

9

with this Court. If the record is not complete and a certified administrative record cannot be

10

prepared, the Appeals Council will remand the case to an Administrative Law Judge for

11

reconstruction of the administrative record and to hold another hearing and issue a new decision.

12

If the outcome of the de novo hearing is not fully favorable to Plaintiff, the Acting

13

Commissioner shall file with the Court a transcript of the additional record and testimony on

14

which the Commissioner’s action in modifying or affirming is based. Id. In addition, Plaintiff

15

may seek judicial review by reinstating this case rather than by filing a new complaint. If the

16

outcome is favorable to Plaintiff, the parties shall move this Court for entry of Judgment.

17

Given the facts and the unopposed nature of the motion, the Court recommends that the

18

District Judge immediately approve this Report and Recommendation and order the case be

19

REMANDED pursuant to sentence six of 42 U.S.C. § 405(g). All remaining deadlines under the

20

current briefing schedule should be vacated.

21

Dated this 17th day of April, 2017.

A

22
23

J. Richard Creatura
United States Magistrate Judge

24
REPORT AND RECOMMENDATION ON
UNOPPOSED MOTION FOR REMAND - 2