Bates v. Social Security Administration

Filing 13

ORDER reversing and remanding the Commissioner's decision 12 . This is a "sentence four" remand. Signed by Magistrate Judge Joe J. Volpe on 2/12/2016. (lej)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION GINGER BATES, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration Defendant. * * * * * * * * * * No. 3:15CV00286-JJV ORDER Defendant has filed a Motion to Remand 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. The Commissioner seeks remand for further development of the record and to issue a new decision. Defendant states that Plaintiff’s attorney was contacted and stated that he had no objection to the requested remand. Under the circumstances, a sentence four remand is appropriate. Buckner v. Apfel, 213 F.3d 1006, 1010-11 (8th Cir. 2000). Accordingly, the Commissioner’s decision is reversed and remanded for action consistent with this opinion. 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 12th day of February, 2016. ____________________________________ JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE

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