Wilcox v. Social Security Administration Commissioner

United States District Court for the Western District of Arkansas

Wilcox v. Social Security Administration Commissioner

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION

JONATHAN A. WILCOX PLAINTIFF

v. CIVIL NO. 2:23-cv-02034-MEF

KILOLO KIJAKAZI, Acting Commissioner, Social Security Administration DEFENDANT

MEMORAMDUM OPINION Plaintiff, Jonathan Wilcox, filed this action on March 13, 2023, seeking judicial review of a decision of the Commissioner of Social Security (Commissioner) pursuant to

42 U.S.C. § 405

(g). (ECF No. 2). On June 14, 2023, in lieu of an answer, the Defendant filed an Unopposed Motion to Remand pursuant to sentence six of

42 U.S.C. § 405

(g). (ECF. No. 9). This court may remand a social security case pursuant to sentence six of

42 U.S.C. § 405

(g) when the Commissioner, for good cause, requests remand to take further administrative action before filing an answer to the complaint.

42 U.S.C. § 405

(g); Shalala v. Schaefer,

509 U.S. 292

,

113 S.Ct. 2625

(1993). In the present case, the Defendant has not yet filed an answer, and we find good cause exists to support her request for remand. Based on the foregoing, we hereby grant the Defendant’s motion and remand this case to the Commissioner for further administrative action pursuant to sentence six of

42 U.S.C. § 405

(g). In view of the lengthy administrative proceedings Plaintiff has already completed, we direct that the Defendant expedite the administrative proceedings on remand. DATED this 21st day of June, 2023.

/s/ Mark E. Ford

HON. MARK E. FORD UNITED STATES MAGISTRATE JUDGE

Reference

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