Armstrong v. Social Security Administration

Filing 13

ORDER granting 12 Motion to Reverse and Remand. The Commissioner's decision is reversed, and this matter is remanded for further administrative proceedings and issuance of a new decision. This is a "sentence four" remand. Signed by Magistrate Judge J. Thomas Ray on 1/19/2017. (jak)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JOHN ARMSTRONG V. PLAINTIFF NO. 3:16CV00213-JTR CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration DEFENDANT ORDER Plaintiff, John Armstrong, seeks judicial review of the administrative denial of his claims for disability insurance benefits and supplemental security income. 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. 12. The Motion states that Armstrong’s counsel was contacted and has no objection to the requested remand. Id. at 1. Under the circumstances, remand is appropriate. Accordingly, the Commissioner’s Unopposed Motion to Reverse and Remand, Doc. 12, 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) -1- and Melkonyan v. Sullivan, 501 U.S. 89 (1991). IT IS SO ORDERED this 19th day of January, 2017. UNITED STATES MAGISTRATE JUDGE -2-

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