Elawyers Elawyers
Washington| Change

RAINWATER v. ASTRUE, 12-5002. (2012)

Court: District Court, W.D. Arkansas Number: infdco20120523a00 Visitors: 5
Filed: May 01, 2012
Latest Update: May 01, 2012
Summary: MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ERIN L. SETSER, Magistrate Judge. Plaintiff, Charlene Rainwater, filed this action on January 5, 2012, seeking judicial review of a decision of the Commissioner of Social Security (Commissioner) pursuant to 42 U.S.C. 405(g). (Doc. 1). On April 16, 2012, Defendant filed a motion requesting Plaintiff's case be remanded for further administrative action pursuant to sentence six of 42 U.S.C. 405(g), so that an Administrative Law Judge can further e
More

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

ERIN L. SETSER, Magistrate Judge.

Plaintiff, Charlene Rainwater, filed this action on January 5, 2012, seeking judicial review of a decision of the Commissioner of Social Security (Commissioner) pursuant to 42 U.S.C. § 405(g). (Doc. 1). On April 16, 2012, Defendant filed a motion requesting Plaintiff's case be remanded for further administrative action pursuant to sentence six of 42 U.S.C. § 405(g), so that an Administrative Law Judge can further evaluate evidence from Ozark Guidance Center, Inc. (Doc. 7). Plaintiff has not responded to the motion.

Pursuant to sentence six of 42 U.S.C. § 405(g), a district court may remand a social security case when the Commissioner, for good cause, requests remand to take further administrative action before filing an answer to the complaint. 42 U.S.C. §405(g); Shalala v. Schaefer, 509 U.S. 292, 113 S.Ct. 2625 (1993). Here, the undersigned finds good cause exists to support Defendant's request for remand.

Based on the foregoing, the undersigned recommends granting the Commissioner's motion to remand this case to the Commissioner for further administrative action pursuant to sentence six of section 42 U.S.C. § 405(g). The parties have fourteen days from receipt of our report and recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer