Larkin

ORDER

Plaintiff Sam Larkin, Jr. filed this action in September 1983 challenging an adverse determination by the Secretary of Health and Human Services with respect to his claim for disability benefits. The government, after securing plaintiff’s stipulation to three extensions of its time to answer on a boilerplate form, now moves to have this matter remanded to the Secretary for “further administrative review and proceedings.” Plaintiff opposes the government’s motion, and moves to have this Court order the government to answer his complaint and perfect the record for review on the merits.

The government makes its motion under 42 U.S.C. § 405 (g). That section, as amended in 1980, provides in relevant part:

The statute’s import is plain. The Secretary may move to remand the case before she answers only “for good cause shown.” Alternatively, the Secretary may seek remand at any time for the taking of additional evidence, “but only upon a showing [1] that there is new evidence [2] which is material and [3] that there is good cause for the failure to incorporate such evidence into the record in a prior proceeding____”

The government’s motion purports to rely on § 405(g), but it…