Lamark v. Saul

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NORTH CAROLINA

STATESVILLE DIVISION

5:21-cv-00027-RJC

RICHARD LAMARK, ) )

Plaintiff, ) ) vs. ) ) ORDER )

COMMISSIONER OF SOCIAL )

SECURITY, ) )

Defendant. ) ____)

THIS MATTER comes before the Court on Plaintiffs request for judicial review of the Commissioner’s decision that she is not disabled. The Commissioner filed a Consent Motion for Remand requesting that this Court remand this case under sentence six of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), because the hearing recording is inaudible. Good cause having been shown, the Court hereby remands this case to the Commissioner under sentence six of 42 U.S.C. § 405(g) for further administrative proceedings. Because this case is being remanded under sentence six of 42 U.S.C. § 405(g), this Court shall retain jurisdiction of this case while it is pending before the Commissioner. See Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991).

IT IS, THEREFORE, ORDERED that this case be remanded to the Commissioner.

Signed: September 2, 2021

Robert J. Conrad, Jr. ew,

United States District Judge “ee