Davis v. Social Security Administration
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
MICHAEL J. ASTRUE, Commissioner,
Social Security Administration,
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
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
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