Dixon v. Social Security Administration

Filing 22

ORDER granting 21 Motion to Reverse and Remand. The Commissioner's decision is reversed and 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 11/18/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JENNIFER DIXON
o/b/o C.A.D., A MINOR
V.

PLAINTIFF

NO. 3:13CV00255 JTR

CAROLYN COLVIN,
Acting Commissioner,
Social Security Administration

DEFENDANT

ORDER
Plaintiff seeks judicial review of the administrative denial of her claim for
Supplemental Security Income on behalf of her minor child. Doc. 2. The
Commissioner has filed an Unopposed Motion to Reverse and Remand for Further
Administrative Proceedings, pursuant to the fourth sentence of 42 U.S.C. § 405(g).
Doc. 21. The Motion states Plaintiff’s counsel was contacted and has no objection to
the requested remand. Id. at 1.
In the Motion, the Commissioner seeks voluntary remand for the
Administrative Law Judge to further evaluate the nature and severity of the minor
child’s impairments at step two. Specifically, the Commissioner requests remand for
the ALJ: (1) to consider whether the child’s diagnosis of a developmental delay is a
severe impairment; (2) to redetermine whether the child has an impairment or
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combination of impairments that meets a Listing; (3) to consider “all the evidence”
pursuant to the regulations, including teacher questionnaires, treating and non-treating
source opinions, and non-examining source opinions, explaining the weight given to
such opinion evidence; and (4) to redetermine, if necessary, whether the child has an
impairment or combination of impairments that functionally equals the severity of a
Listing. Under the circumstances, remand is appropriate.
IT IS THEREFORE ORDERED THAT the Commissioner’s Unopposed
Motion to Reverse and Remand, Doc. 21, 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 18th day of November, 2014.

UNITED STATES MAGISTRATE JUDGE

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