Stacy v. Social Security Administration

Filing 15

ORDER granting 14 Motion to Reverse and Remand. The Commissioner's prior decision is reversed and the 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 Magistrate Judge J. Thomas Ray on 4/8/2014. (jak)

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

ANGIE STACY
V.

PLAINTIFF
NO. 3:13CV00233 JTR

CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration

DEFENDANT

ORDER
Plaintiff seeks judicial review of the administrative denial of her claim for
Supplemental Security Income. Doc. #2. The Commissioner 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). Doc. #14. The Motion states Plaintiff’s counsel was contacted and
has no objection to the requested remand. Id. at 4.
In the Motion, the Commissioner seeks voluntary remand for the
Administrative Law Judge to develop the record, hold a new hearing, re-evaluate the
evidence, and conduct further proceedings as necessary, including: (1) determining
whether the vocational expert’s responses are consistent with the Dictionary of

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Occupational Titles; (2) re-evaluating the opinion of the lay witness; and (3) reevaluating Plaintiff’s testimony regarding her ability to perform jobs that require
reaching in front of her as well as overhead. Under the circumstances, remand is
appropriate.
IT IS THEREFORE ORDERED THAT the Commissioner’s Unopposed
Motion to Reverse and Remand, Doc. #14, is GRANTED. The Commissioner’s prior
decision 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).
DATED this 8th day of April, 2014.

UNITED STATES MAGISTRATE JUDGE

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