Opinion
Civil No. 11-15070
06-20-2012
ANTHONY STEWARD, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
DISTRICT JUDGE DENISE PAGE HOOD MAGISTRATE JUDGE CHARLES E. BINDER
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
on
DEFENDANT COMMISSIONER'S MOTION TO REMAND
(Doc. 15)
This matter is before the undersigned Magistrate Judge pursuant to an Order of Reference filed November 16, 2011. Plaintiff filed his motion for summary judgment on February 1, 2012 and Defendant sought and was granted several extensions of time in which to file its response and motion for summary judgment. (Docs. 10, 12, 13, 14.) On June 18, 2012, Defendant filed the instant motion seeking remand to the Commissioner of Social Security "[i]n light of the evidence of chronic liver disease and HIV infection" with respect to whether Plaintiff meets or equals "Listing 5.05 (chronic liver disease), Listing 14.08 (HIV) or any other Listing." (Doc. 15 at 1.) Defendant therefore asks the Court to remand the case and Plaintiff's counsel concurs in the motion. (Doc. 15 at 2.) I therefore suggest that good cause supports the Commissioner's motion.
Accordingly, IT IS RECOMMENDED that the Commissioner's decision be REVERSED and the case REMANDED to the Commissioner for further proceedings pursuant to sentence six of 42 U.S.C. § 405(g).
________________
CHARLES E. BINDER
United States Magistrate Judge
CERTIFICATION
I hereby certify that this Report and Recommendation was electronically filed this date and electronically served on counsel of record via the Court's ECF System.
By Patricia T. Morris
Law Clerk to Magistrate Judge Binder