Townsend v. Social Security Administration
ORDER: The Commissioner's decision is reversed and remanded for action consistent with this opinion. This is a "sentence four" remand. Signed by Magistrate Judge Joe J. Volpe on 7/11/2012. (srw)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
MICHAEL J. ASTRUE, Commissioner,
Social Security Administration,
Defendant has filed a motion to 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
The Commissioner seeks remand for further development of the record and to issue a new
decision. Defendant states that Plaintiff’s attorney was contacted and stated that he had 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, the Commissioner’s decision is reversed and remanded for action consistent
with this opinion. 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).
IT IS SO ORDERED.
DATED this 11th day of July, 2012.
JOE J. VOLPE
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?