Anderson v. Astrue

Full title: JOCELYN ANDERSON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the…

Court: United States District Court, S.D. Ohio, Western Division at Dayton

Date published: Sep 7, 2010

Case No. 3:10cv00256 (S.D. Ohio Sep. 7, 2010)

Opinion

Case No. 3:10cv00256.

September 7, 2010

ORDER

WALTER RICE, District Judge

This matter is before the Court upon the parties' Joint Stipulation to Remand and Enter Judgment (Doc. #6). The parties have agreed to a remand of this case under sentence six of 42 U.S.C. § 405(g) and to the entry of Judgment. A sentence six remand is warranted pursuant to the parties' stipulation. Yet a sentence six remand constitutes a pre-judgment remand effected before the District Court rules on the correctness of the final administrative decision. See Faucher v. Secretary of Health and Human Services, 17 F.3d 171, 174 (6^th Cir. 1994). An entry of Judgment under sentence six of § 405(g) is therefore unwarranted. The Court retains jurisdiction over this matter pending issuance of a new final decision by the Social Security Administration. See Marshall v. Commissioner of Social Sec., 444 F.3d 837, 841 (6^th Cir. 2006).

Accordingly, the Court hereby ORDERS that:

1. The Social Security Administration's final decision in this matter is REVERSED;

2. This matter is remanded under sentence six of 42 U.S.C. § 405(g) for further administrative proceedings;

3. Upon receipt of this Order, the Appeals Council of the Social Security Administration shall remand the matter to an Administrative Law Judge for further proceedings including a new hearing and a new decision; and

4. Beginning on February 1, 2011, and continuing every six-month period thereafter, the Commissioner shall file a Status Report in this case concerning Plaintiff's administrative proceedings.