Opinion
CIVIL NO. 02-2093 (DRD)
April 29, 2003
OPINION AND ORDER
Defendant filed a motion under 42 U.S.C. § 405(g), to remand this cause for further administrative proceedings. It alleges that medical evidence during the period covered by the first application is new and material evidence upon which remand should be granted.
The plaintiff filed an application for disability insurance benefits on July 21, 1997, alleging disability since June 9, 1997. On January 25, 1999, the Administrative Law Judge found the claimant "not disable". Before the Appeals Council denied review, the claimant filed a new application and was found to be disabled since December 26, 1999.
"The court may, on motion of the Commissioner of Social Security made for good cause shown before the Commissioner files the Commissioner's answer, remand the case to the Commissioner of Social Security for further action by the Commissioner of Social Security, and it may at any time order additional evidence to be taken before the Commissioner of Social Security, but only upon a showing that there is new evidence which is material and that there is good cause for the failure to incorporate such evidence into the record in a prior proceeding; and the Commissioner of Social Security shall, after the case is remanded, and after hearing such additional evidence if so ordered, modify or affirm the Commissioner's findings of fact or the Commissioner's decision, or both, and shall file with the court any such additional and modified findings of fact and decision, and a transcript of the additional record and testimony upon which the Commissioner's action in modifying or affirming was based". 42 U.S.C. § 405(g)
In light of the need to further evaluate with respect to the decision on the first claim, this Magistrate Judge finds that the Commissioner's motion to remand is well taken and thus granted.
Judgment is to be entered accordingly.
IT IS SO ORDERED.