Opinion
Civil No. 99-1720-FR
July 25, 2001
OPINION AND ORDER
The matter before the court is the Motion for Order to Show Cause (#28) filed by the plaintiff, LeAnne Boyer.
BACKGROUND
On December 8, 1999, the plaintiff, LeAnne Boyer, filed her complaint in this case seeking to reverse and set aside the April 24, 1998 decision of the Administrative Law Judge denying her claim for Social Security disability benefits.
On August 10, 2000, the parties filed a Stipulation for Remand (#22) prepared by the attorney for the defendant stating:
The parties, acting through their respective counsel, hereby stipulate that the Commissioner's final decision should be reversed and remanded for further administrative proceedings in accordance with sentence four of 42 U.S.C. § 405(g), including clarification of Plaintiff's residual functional capacity, and, at step five of the sequential evaluation process, consideration of Plaintiff's ability to adjust to work existing in substantial numbers in the national economy. In particular, the ALJ will reconsider the testimony of Plaintiff and her counselors, as well as the reports of Drs. Swenson and Gregor.
On August 16, 2000, this court entered the following Order (#23):
Based on the stipulation (#22) of the parties, it is hereby ORDERED that the Commissioner's final decision be reversed and remanded for further administrative proceedings in accordance with sentence four of 42 U.S.C. § 45(g), including clarification of Plaintiff's residual functional capacity, and, at step five of the sequential evaluation process, consideration of Plaintiff's ability to adjust to work existing in substantial numbers in the national economy. In particular, the ALJ will reconsider the testimony of Plaintiff and her counselors, as well as the reports of Drs. Swenson and Gregor.
On that same date, this court entered a Judgment (#24) stating that "[t]he decision of the Commissioner is hereby REVERSED, and this case is REMANDED to the Commissioner for further proceedings."
On June 29, 2001, plaintiff Boyer filed the Motion for Order to Show Cause (#28). Boyer alleges that "[t]he Commissioner of Social Security has failed, neglected, and refused to proceed with the remand order of the Court." Id. at 1. Boyer requests that the court "direct the defendant Commissioner of Social Security to appear before this Court, at a date and time certain, then and there to Show Cause, if any there be, why he should not be held in Contempt and sanctioned therefore." Id. at 2.
On July 12, 2001, the defendant Commissioner filed a response to plaintiff Boyer's motion for order to show cause. The defendant Commissioner explains that "it appears that the Appeals Council did not prepare an administrative remand order," and that "[a]n Appeals Council analyst will prepare an administrative order to remand the case to the administrative law judge as soon as possible if one has not already been prepared." Declaration of Victoria Blais Chhagan (#30), p. 2. Counsel for the defendant Commissioner further states that she has "noticed that a number of remand cases from this Court have been processed very slowly," and that she is "conducting an investigation." Id.
RULING OF THE COURT
By stipulation of the parties, this court reversed and remanded this case to the Commissioner for further proceedings on August 16, 2000. Almost one year later, it appears that no further administrative proceeding has taken place, and the Commissioner offers no explanation.
IT IS HEREBY ORDERED that the Motion for Order to Show Cause (#28) filed by plaintiff Boyer is GRANTED as follows: the defendant Commissioner shall show cause in writing no later than August 20, 2001 as to the status of any further administrative proceeding taken in this case and provide an explanation as to why no further proceeding took place prior to the filing of the present Motion for Order to Show Cause. The court will defer any further order or imposition of sanction until after August 20, 2001.