Ferrero v. Social Security Administration

Filing 12

ORDER granting 11 Motion to Reverse and Remand. The Commissioner's prior decision in this matter is reversed and this matter is remanded for further administrative proceedings and issuance of a new decision. 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). Signed by Judge Kristine G. Baker on 5/8/2014. (jak)

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

JEFFREY SCOTT FERRERO
v.

PLAINTIFF

Case No. 3:13-cv-00191-KGB-JTR

CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration

DEFENDANT
ORDER

Plaintiff Jeffrey Scott Ferrero seeks judicial review of the administrative denial of his
claim for Social Security Disability and Supplemental Security Income disability benefits (Dkt.
No. 2). Acting Commissioner Carolyn W. Colvin has filed an unopposed motion to reverse and
remand, asserting that the case should be reversed and remanded for further administrative
proceedings, pursuant to the fourth sentence of 42 U.S.C. § 405(g) (Dkt. No. 11).

The

Commissioner’s motion states that Mr. Ferrero’s counsel was contacted and concurs with the
requested remand.
The Commissioner seeks remand for the Administrative Law Judge to re-evaluate the
evidence and conduct further proceedings as necessary, including:

(1) re-evaluating Mr.

Ferrero’s residual functional capacity; (2) fully addressing the medical opinion evidence
pursuant to the applicable regulations and rulings, specifically, the opinions of Dr. Paul Wilbur
and Sharon Brownfield, and the weight given them; and (3) obtaining, if necessary, additional
vocational expert testimony to assist in determining whether Plaintiff can perform past relevant
work or other work existing in significant numbers.
appropriate.

Under the circumstances, remand is

It is therefore ordered that the Commissioner’s unopposed motion to reverse and remand
is granted (Dkt. No. 11). The Commissioner’s prior decision in this matter is reversed and this
matter is remanded for further administrative proceedings and issuance of a new decision. 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).
SO ORDERED this 8th day of May, 2014.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE