Combs v. Social Security Administration

Filing 15

ORDER granting 14 Defendant's Motion to Remand. This is a "sentence four" remand without prejudice to Plaintiff's subsequent filing for attorney's fees under EAJA. Signed by Magistrate Judge Jerome T. Kearney on 12/16/2010. (jct) (copy forwarded to ALJ and H&A)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION DIANE COMBS v. CASE NO. 3:10CV00145-JTK PLAINTIFF MICHAEL J. ASTRUE, Commissioner, Social Security Administration ORDER DEFENDANT Defendant has filed a motion to remand this case pursuant to sentence four of 42 U.S.C. 405(g): 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 Commission 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 advises the Court that Plaintiff has 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, it is ORDERED that Defendant's motion to remand (Doc. No. 14) is hereby granted. 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 16th day of December, 2010. ____________________________________ UNITED STATES MAGISTRATE JUDGE

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