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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?