Fedor v. Flemming

WOOD, District Judge.

This motion involves the construction of Section 205(g) of the Social Security Act, as amended, 42 U.S.C.A. 405(g). That Section reads as follows:

“The court shall, on motion of the Secretary, made before it files its answer, remand the casé to the Secretary for further action by the Secretary, and may, at any time, on good cause shown, order additional evidence to be taken before the Secretary * * * ” [Emphasis supplied.]

Pursuant to the statute the Secretary in the case at bar filed its motion to remand. The plaintiff opposes the remand on the equitable grounds that his…