Peel v. Social Security Administration

Filing 14

ORDER granting 12 Defendant's Motion to Remand. All other pending motions are hereby rendered moot. This is a "sentence four" remand w/o prejudice to Plaintiff's subsequent filing for attorney's fees under the EAJA. Signed by Magistrate Judge J. Thomas Ray on 10/7/08. (jct) (copy forwarded to ALJ and H&A)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION ROBERT PEEL v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration 3:07CV00157 JTR PLAINTIFF DEFENDANT ORDE R Defendant has filed a Motion to Remand this case pursuant to sentence four of 42 U.S.C. 405(g) (1995). In pertinent part, this statutes provides the following: 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 indicates that Plaintiff's counsel was contacted and authorized Defendant to state that the Motion was not opposed. Under the circumstances, a sentence four remand is appropriate. Buckner v. Apfel, 213 F.3d 1006, 1010-11 (8th Cir. 2000). IT IS THEREFORE ORDERED that Defendant's Motion to Remand (docket entry #12) 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 7th day of October, 2008. ___________________________________ UNITED STATES MAGISTRATE JUDGE

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