Washington v. Social Security Administration

Filing 15

ORDER: the Commissioner's decision is reversed and remanded for action consistent with this Order. This is a "sentence four" remand within the meaning of 42 U.S.C. Section 405(g) and Melkonyan v. Sullivan. Signed by Magistrate Judge Joe J. Volpe on 6/19/2014. (srw)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
BOBBY WASHINGTON,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner, Social Security
Administration
Defendant.

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No. 3:13CV00257-JJV

ORDER
Defendant has filed a Motion to Reverse and Remand In Part (Doc. No. 12) 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.
42 U.S.C. § 405(g) (1995).
The Commissioner seeks remand for further development of the record and to issue a new
decision on the adult claim in this case. (Doc. No. 13.) However, the Commissioner believes
substantial evidence supports the child disability claim and wishes to only remand the adult portion
of the case. (Id.) Plaintiff opposes bifurcating the case and seeks remand of both claims. (Doc. No.
14.)
Under the circumstances, a sentence four remand is appropriate. Buckner v. Apfel, 213 F.3d
1006, 1010-11 (8th Cir. 2000). And after careful consideration of the pleadings, the Court concludes
that both the adult and child claims should be remanded.

Accordingly, the Commissioner’s decision is reversed and remanded for action consistent
with this Order. 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 this 19th day of June, 2014.

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JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE