KUSHNER v. BERRYHILL, 17-cv-10072. (2017)
Court: District Court, E.D. Michigan
Number: infdco20170620a93
Visitors: 7
Filed: Jun. 19, 2017
Latest Update: Jun. 19, 2017
Summary: ORDER GRANTING STIPULATED MOTION FOR REMAND [14] GERSHWIN A. DRAIN , District Judge . Pending before the Court is a Stipulated Motion for Remand Under Sentence Six of 42 U.S.C. 405(g). The sixth sentence in 405(g) states: The court may, on motion of the Commissioner of Social Security made for good cause shown before the Commissioner files the Commissioner's answer, remand the case to the Commissioner of Social Security for further action by the Commissioner of Social Security... 42
Summary: ORDER GRANTING STIPULATED MOTION FOR REMAND [14] GERSHWIN A. DRAIN , District Judge . Pending before the Court is a Stipulated Motion for Remand Under Sentence Six of 42 U.S.C. 405(g). The sixth sentence in 405(g) states: The court may, on motion of the Commissioner of Social Security made for good cause shown before the Commissioner files the Commissioner's answer, remand the case to the Commissioner of Social Security for further action by the Commissioner of Social Security... 42 U..
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ORDER GRANTING STIPULATED MOTION FOR REMAND [14]
GERSHWIN A. DRAIN, District Judge.
Pending before the Court is a Stipulated Motion for Remand Under Sentence Six of 42 U.S.C. § 405(g). The sixth sentence in § 405(g) states:
The court may, on motion of the Commissioner of Social Security made for good cause shown before the Commissioner files the Commissioner's answer, remand the case to the Commissioner of Social Security for further action by the Commissioner of Social Security...
42 U.S.C.A. § 405(g). "[A] missing or incomplete file may constitute good cause to remand the claim to the Commissioner to produce the record." Gonzales v. Comm'r of Soc. Sec., No. 08-14547, 2009 WL 3562621, at *1 (E.D. Mich. Oct. 28, 2009) (Cox, J.) (citing H.R.Rep. No. 96-944, 96th Cong., 2d Sess. 59 (1980)).
In this case, the Commissioner cannot locate the Plaintiff's claim file. Accordingly, the Court finds good cause and hereby GRANTS the Stipulated Motion for Remand [14]. This action is hereby REMANDED to Commissioner of Social Security pursuant to the sixth sentence of § 405(g) to diligently search for and locate the Plaintiff's claims file.
SO ORDERED.
Source: Leagle
