MARRERO v. COMMISSIONER OF SOCIAL SECURITY, 6:15-cv-703-Orl-18JSS (2015)
Court: District Court, M.D. Florida
Number: infdco20150918f31
Visitors: 2
Filed: Sep. 03, 2015
Latest Update: Sep. 03, 2015
Summary: REPORT AND RECOMMENDATION ON DEFENDANT'S UNOPPOSED MOTION FOR REMAND UNDER SENTENCE SIX OF 42 U.S.C. 405(g) JULIE S. SNEED , Magistrate Judge . THIS MATTER is before the Court on Defendant's Unopposed Motion for Remand under Sentence Six of 42 U.S.C. 405(g). (Dkt. 12.) Defendant, Commissioner of Social Security, advises that the Administrative Law Judge ("ALJ") referenced and relied on evidence that pertained to another person in the decision. Therefore, the Commissioner requests a rem
Summary: REPORT AND RECOMMENDATION ON DEFENDANT'S UNOPPOSED MOTION FOR REMAND UNDER SENTENCE SIX OF 42 U.S.C. 405(g) JULIE S. SNEED , Magistrate Judge . THIS MATTER is before the Court on Defendant's Unopposed Motion for Remand under Sentence Six of 42 U.S.C. 405(g). (Dkt. 12.) Defendant, Commissioner of Social Security, advises that the Administrative Law Judge ("ALJ") referenced and relied on evidence that pertained to another person in the decision. Therefore, the Commissioner requests a rema..
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REPORT AND RECOMMENDATION ON DEFENDANT'S UNOPPOSED MOTION FOR REMAND UNDER SENTENCE SIX OF 42 U.S.C. § 405(g)
JULIE S. SNEED, Magistrate Judge.
THIS MATTER is before the Court on Defendant's Unopposed Motion for Remand under Sentence Six of 42 U.S.C. § 405(g). (Dkt. 12.) Defendant, Commissioner of Social Security, advises that the Administrative Law Judge ("ALJ") referenced and relied on evidence that pertained to another person in the decision. Therefore, the Commissioner requests a remand under sentence six of 42 U.S.C. § 405(g) to remove the evidence from the administrative record, clarify whether other evidence relates to Plaintiff, and correct the administrative record as appropriate. Plaintiff has no objection. (Dkt. 12.)
Pursuant to 42 U.S.C. § 405(g), the court may remand a case to the Commissioner of Social Security on motion of the Commissioner made for "good cause shown" before the Commissioner files his or her answer. 42 U.S.C. § 405(g). Under the circumstances stated above, the Court finds that good cause exists to remand the case under sentence six. Accordingly, it is
RECOMMENDED:
1. The Commissioner's Unopposed Motion for Remand under Sentence Six of 42 U.S.C. § 405(g) (Dkt. 12) be GRANTED.
2. The case be REMANDED to the Commissioner of Social Security pursuant to sentence six of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the reasons stated in the Commissioner's Motion.
3. The Court retain jurisdiction in this matter.
4. The Clerk of the Court be directed to administratively close the case and withhold entry of a final judgment.
IT IS SO REPORTED.
Source: Leagle
