Burns v. Social Security Administration

Filing 15

ORDER granting 14 Motion to Remand (sentence four) to Social Security Administration. Signed by Magistrate Judge Henry L. Jones, Jr on 4/10/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION VIRGIL BURNS v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, ORDER 2:08CV00151 HLJ Plaintiff Defendant Defendant has filed a motion to remand this case pursuant to sentence four of 42 U.S.C. 405(g) (1995): The court shall have the power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing. The Commissioner seeks remand for further development of the record and to issue a new decision. Defendant's motion states that Under the Buckner v. counsel for Plaintiff was contacted and had no objection. circumstances, a sentence four remand is appropriate. Apfel, 213 F.3d 1006, 1010-11 (8th Cir. 2000). Accordingly, it is hereby ORDERED that Defendant's motion to remand (docket #14) is hereby granted. All other pending motions are hereby rendered moot. This is a "sentence four" remand. This dismissal is without prejudice to Plaintiff's subsequent filing for attorney's fees under the Equal Access to Justice Act. DATED this 10 th day of April, 2009. UNITED STATES MAGISTRATE JUDGE 2

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