Davis v. Social Security Administration

Filing 13

ORDER AND JUDGMENT: The Commissioner's decision is remanded for action consistent with this opinion. This is a "sentence four" remand within the meaning of 42 U.S.C. Section 405. This case is dismissed without prejudice. Signed by Magistrate Judge Joe J. Volpe on 12/10/2012. (srw)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
MARY DAVIS,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner,
Social Security Administration,
Defendant.

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No. 2:12-cv-00121-JJV

ORDER AND JUDGMENT
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 states that Plaintiff’s attorney was contacted and stated he had no objection to
the requested remand. Under the circumstances, a sentence four remand is appropriate. Buckner v.
Apfel, 213 F.3d 1006, 1010-11 (8th Cir. 2000).
Accordingly, the Commissioner’s decision is remanded for action consistent with this
opinion. This is a "sentence four" remand within the meaning of 42 U.S.C. § 405(g) and Melkonyan
v. Sullivan, 501 U.S. 89 (1991).
This case is dismissed without prejudice.
IT IS SO ORDERED this 10th day of December, 2012.
____________________________________
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE