Diddle v. Social Security Administration
ORDER granting 9 Defendant's Motion to Remand. This case is remanded as a "sentence four" remand. Signed by Judge Susan Webber Wright on 3/31/2011. (jct) (copy forwarded to ALJ and H&A)
-JTR Diddle v. Social Security Administration
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION
CATHERINE J. DIDDLE
MICHAEL J. ASTRUE, Commissioner, Social Security Administration
ORDER The Commissioner has filed an unopposed Motion (docket entry #9) 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 #9) is GRANTED. This is a remand pursuant to "sentence four" of 42 U.S.C.
§ 405(g). DATED this 31st day of March, 2011.
/s/Susan Webber Wright UNITED STATES DISTRICT JUDGE
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