Hall v. Social Security Administration

Filing 14

ORDER granting 13 Motion to Remand. This case is reversed and remanded in accordance with the terms outlined by the Commissioner. The remand in this case is a "sentence four". This dismissal of this case is without prejudice to Hall 9;s subsequent filing of a motion for attorney's fees and expenses pursuant to the Equal Access to Justice Act. A separate judgment will be entered pursuant to Federal Rule of Civil Procedure 58. Signed by Magistrate Judge Patricia S. Harris on 12/3/2015. (jak)

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

ANGELA HALL

v.

PLAINTIFF

NO. 3:15-cv-00215 PSH

CAROLYN W. COLVIN, Acting Commissioner
of the Social Security Administration

DEFENDANT

ORDER

Plaintiff Angela Hall (“Hall”) commenced the case at bar by filing a complaint
pursuant to 42 U.S.C. 405(g). In the complaint, she challenged the final decision of the
Acting Commissioner of the Social Security Administration (“Commissioner”). On
November 24, 2015, Hall filed a brief in support of her challenge to the Commissioner’s
final decision. The Commissioner responded to Hall’s brief on December 3, 2015, by filing
an unopposed motion to reverse and remand. See Pleading 13. In the motion, the
Commissioner asked that this case be reversed and remanded so as to allow her to
conduct “further proceedings pursuant to sentence four of 42 U.S.C. 405(g) and
Melkonyan v. Sullivan, 501 U.S. 89 (1991).” See Pleading 13 at 1. The Commissioner
represented that Hall’s attorney was contacted, and counsel did not oppose the granting
of the motion to reverse and remand.

For good cause shown, the motion to reverse and remand is granted.1 This case is
reversed and remanded in accordance with the terms outlined by the Commissioner. The
remand in this case is a “sentence four” remand. The dismissal of this case is without
prejudice to Hall’s subsequent filing of a motion for attorney’s fees and expenses
pursuant to the Equal Access to Justice Act. A separate judgment will be entered
pursuant to Federal Rule of Civil Procedure 58.
IT IS SO ORDERED this 3rd day of December, 2015.

UNITED STATES MAGISTRATE JUDGE

1

The Court has confirmed that Hall’s attorney does not oppose the granting of the motion to reverse
and remand.

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