Little v. Berryhill

Filing 15

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)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 JERRY LITTLE, JR., Case No. C17-5474-RBL-JPD 9 Plaintiff, REPORT AND RECOMMENDATION 10 v. 11 12 13 NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 14 15 This matter comes before the Court upon the Commissioner’s unopposed motion to 16 remand this case for further administrative proceedings pursuant to sentence six of the Social 17 Security Act, 42 U.S.C. § 405(g). Dkt. 19.1 In sentence-six remands, the court retains 18 jurisdiction over the action pending further administrative development of the record. Shalala v. 19 Schaefer, 509 U.S. 292, 299 (1993). Here, although the ALJ cited to evidence within the 20 administrative record (“AR”) to support his decision, the AR contained personally identifiable 21 information of another person’s records mixed into plaintiff’s records, which the ALJ used to 22 23 24 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. . . .” 1 REPORT AND RECOMMENDATION- 1 1 support his decision. Dkt. 13 at 2. It is therefore unclear if the records cited by the ALJ related 2 to plaintiff, or to another person. Id. As a result, the Commissioner asks the Court to remand the 3 case under sentence six of 42 U.S.C. § 405(g) for the ALJ to conduct a de novo hearing. Id. at 2. 4 On November 7, 2017, plaintiff indicated that he has no objection, and that he consents to the 5 Commissioner’s motion for a sentence six remand. Dkt. 14. 6 Accordingly, the Court recommends that the Commissioner’s unopposed motion for a 7 sentence six remand, Dkt. 13, be GRANTED. This case should be REVERSED and 8 REMANDED pursuant to sentence six of 42 U.S.C. § 405(g) for a de novo hearing. If the 9 outcome of the de novo hearing is unfavorable to plaintiff, he may seek judicial review by 10 reinstating this case rather than by filing a new complaint. If the outcome is favorable to 11 plaintiff, the parties shall move the Court for entry of judgment. 12 Because the parties have agreed that the case be remanded as set forth above, the Court 13 recommends that United States District Judge Ronald B. Leighton immediately approve this 14 Report and Recommendation. The Clerk should note the matter for November 14, 2017 as 15 ready for Judge Leighton’s consideration. A proposed order accompanies this Report and 16 Recommendation. 17 DATED this 14th day of November, 2017. A 18 19 JAMES P. DONOHUE Chief United States Magistrate Judge 20 21 22 23 24 REPORT AND RECOMMENDATION- 2

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