Opinion
Case No. 09-CV-547.
July 30, 2009
ORDER
On June 1, 2009, plaintiff Richard D. Phillips ("Phillips") filed a complaint seeking review of a decision by the Commissioner of Social Security ("Commissioner") denying Phillips's application for disability insurance benefits. The defendant has filed a motion to remand this case pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) because the administrative record is incomplete.
Under 42 U.S.C. § 405(g), the Commissioner may move, before answering a Social Security complaint and for good cause, to remand a case for further proceedings. Here, the defendant asks the court to remand because file documents must be located and admitted into the record. The court finds good cause and will remand the matter.
Accordingly, IT IS ORDERED that the defendant's motion to remand (Docket #6) be and the same is hereby GRANTED; this case shall be REMANDED to the Social Security Administration for further proceedings; and
IT IS FURTHER ORDERED that this action be and the same is hereby DISMISSED.
The Clerk is directed to enter judgment accordingly.