Haynes v. Social Security Administration, Commissioner

Filing 13

MEMORANDUM OPINION AND ORDER The Unopposed Motion to Remand is GRANTED, the decision of the Acting Commissioner is VACATED and REMANDED for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g), and for the reasons set forth within. Signed by Judge William M Acker, Jr on 1/25/16. (SAC )

FILED
2016 Jan-25 PM 02:45
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DONNA JO HAYNES,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social
Security
Defendant.

}
}
}
}
}
}
}
}
}
}
}

CIVIL ACTION NO.
2:15-CV-0872-WMA

MEMORANDUM OPINION AND ORDER
Before

the

court

is

the

Acting

Commissioner

of

Social

Security’s Unopposed Motion to Remand pursuant to 42 U.S.C. §
1383)(c)(3) and sentence four of 42 U.S.C. § 405(g). (Doc. 12).
“While normally courts have inherent power, among other things, to
remand cases, see United States v. Jones, 336 U.S. 641, 671 (1949),
both the structure of § 405(g), as amended, and the accompanying
legislative history show Congress' clear intent to limit courts to
two kinds of remands in [Social Security] cases.” Melkonyan v.
Sullivan, 501 U.S. 89, 101 (1991).

Therefore, under § 405(g),

“remand orders must either accompany a final judgment affirming,
modifying, or reversing the administrative decision in accordance
with sentence four, or conform with the requirements outlined by
Congress in sentence six.” Id. at 101-02.

“To remand under that

provision, sentence four [of § 405(g)], the district court must
either find that the decision is not supported by substantial
1

evidence, or that the Commissioner (or the ALJ) incorrectly applied
the law relevant to the disability claim.” Jackson v. Chater, 99
F.3d 1086, 1092 (11th Cir. 1996).
Acting Commissioner Colvin states remand is necessary to
permit

further

consideration

of

Haynes’

disability

claim.

Specifically, the Acting Commissioner requests reversal of the
administrative decision and remand of the cause to the Commissioner
whereby the Appeals Council will instruct the ALJ to:
(1.) further consider Haynes residual function capacity in
light of her subjective complaints and the opinion evidence
provided by Dr. Willis (Doc. 12-1 at 2), and
(2.) obtain evidence from a vocational expert to clarify the
effect of the assessed limitations on Haynes’ occupational
base (Doc. 12-1 at 3).
Given these unopposed requests, the Court finds reversal and remand
necessary as the Acting Commissioner concedes reconsideration and
proper application of governing law and further development of the
record is appropriate.
Accordingly, the Unopposed Motion to Remand is GRANTED, the
decision of the Acting Commissioner is VACATED and REMANDED for
further proceedings pursuant to sentence four of 42 U.S.C. §
405(g), and for the reasons set forth above.

DONE this 25th day of January, 2016.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
2