Overman v. Social Security Administration

Filing 14

ORDER granting 13 Defendant's unopposed Motion to Remand. This action is remanded pursuant to "sentence four". Signed by Magistrate Judge J. Thomas Ray on 4/4/2011. (jct) (copy forwarded to ALJ and H&A)

Overman v. Social Security Administration

Doc. 14

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION

SHANE OVERMAN

PLAINTIFF

VS.

3:10CV00152 JTR

MICHAEL J. ASTRUE, Commissioner, Social Security Administration

DEFENDANT

ORDER The Commissioner has filed an unopposed Motion (docket entry #13) to reverse the ALJ's decision and 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 for the ALJ to issue a new decision. Under these circumstances, a sentence four remand is appropriate. See Buckner v. Apfel, 213 F.3d 1006, 1010-11 (8th Cir. 2000). IT IS THEREFORE ORDERED THAT Defendant's Motion to Remand (docket entry #13) is GRANTED. This is a remand pursuant to "sentence four" of 42 U.S.C.

Dockets.Justia.com

§ 405(g). DATED this 4th day of April, 2011.

UNITED STATES MAGISTRATE JUDGE

2