Townsend v. Social Security Administration

Filing 12

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
JONESBORO DIVISION
CATHERINE TOWNSEND,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner,
Social Security Administration,
Defendant.

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No. 3:11-cv-00300-JJV

ORDER
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
rehearing.
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.

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JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE