Crawford v. Social Security Administration
ORDER granting 15 Defendant's Motion to Remand. All other pending motions are rendered moot. This is a "sentence four" remand. Signed by Magistrate Judge J. Thomas Ray on 8/25/2011. (jct) (copy forwarded to ALJ and H&A)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF ARKANSAS
MICHAEL J. ASTRUE,
The Commissioner has filed an unopposed Motion (docket entry #15) to reverse
the Commissioner’s decision and remand this case for further administrative action
pursuant to sentence four of 42 U.S.C. § 405(g):
The court shall have 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,
including obtaining vocational expert testimony regarding the impact of Plaintiff’s
non-exertional limitations on the ability to perform jobs remaining in the national
economy. The motion states Plaintiff's counsel was contacted and had no objection
to the requested remand. Under the 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 Reverse and
Remand (docket entry #15) is GRANTED. All other pending motions are rendered
moot. This is a "sentence four" remand within the meaning of 42 U.S.C. § 405(g) and
Melkonyan v. Sullivan, 501 U.S. 89 (1991).
DATED this 25th day of August, 2011.
UNITED STATES MAGISTRATE JUDGE
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