Little v. Berryhill
REPORT AND RECOMMENDATIONS by Hon. James P. Donohue, re 13 MOTION to Remand filed by Nancy A Berryhill. Noting Date 11/14/2017. (Attachments: # 1 Proposed Order)(TF)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
JERRY LITTLE, JR.,
Case No. C17-5474-RBL-JPD
REPORT AND RECOMMENDATION
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
This matter comes before the Court upon the Commissioner’s unopposed motion to
remand this case for further administrative proceedings pursuant to sentence six of the Social
Security Act, 42 U.S.C. § 405(g). Dkt. 19.1 In sentence-six remands, the court retains
jurisdiction over the action pending further administrative development of the record. Shalala v.
Schaefer, 509 U.S. 292, 299 (1993). Here, although the ALJ cited to evidence within the
administrative record (“AR”) to support his decision, the AR contained personally identifiable
information of another person’s records mixed into plaintiff’s records, which the ALJ used to
Sentence six of 42 U.S.C. § 405(g) provides that “the court may, on motion of the
Commissioner made for good cause shown before he files his answer, remand the case to the
Commissioner for further action by the Commissioner of Social Security. . . .”
REPORT AND RECOMMENDATION- 1
support his decision. Dkt. 13 at 2. It is therefore unclear if the records cited by the ALJ related
to plaintiff, or to another person. Id. As a result, the Commissioner asks the Court to remand the
case under sentence six of 42 U.S.C. § 405(g) for the ALJ to conduct a de novo hearing. Id. at 2.
On November 7, 2017, plaintiff indicated that he has no objection, and that he consents to the
Commissioner’s motion for a sentence six remand. Dkt. 14.
Accordingly, the Court recommends that the Commissioner’s unopposed motion for a
sentence six remand, Dkt. 13, be GRANTED. This case should be REVERSED and
REMANDED pursuant to sentence six of 42 U.S.C. § 405(g) for a de novo hearing. If the
outcome of the de novo hearing is unfavorable to plaintiff, he may seek judicial review by
reinstating this case rather than by filing a new complaint. If the outcome is favorable to
plaintiff, the parties shall move the Court for entry of judgment.
Because the parties have agreed that the case be remanded as set forth above, the Court
recommends that United States District Judge Ronald B. Leighton immediately approve this
Report and Recommendation. The Clerk should note the matter for November 14, 2017 as
ready for Judge Leighton’s consideration. A proposed order accompanies this Report and
DATED this 14th day of November, 2017.
JAMES P. DONOHUE
Chief United States Magistrate Judge
REPORT AND RECOMMENDATION- 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?