Battles v. Social Security Administration
ORDER finding that remand is appropriate for the purpose of allowing the ALJ to further evaluate the evidence. The Commissioner's motion to remand is granted, and the case is reversed and remanded to the Commissioner for further administrative action pursuant to "sentence four". This dismissal is without prejudice to Plaintiff's subsequent filing for attorney's fees under the Equal Access to Justice Act. Signed by Magistrate Judge Jerome T. Kearney on 6/26/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CASE NO. 3:16-CV-00347-JTK
NANCY A. BERRYHILL, Commissioner
Social Security Administration
Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of a
decision of the Commissioner of the Social Security Administration (Commissioner) denying her
application for supplemental security income (SSI). (DE # 2) The Defendant filed an answer to
Plaintiff’s action on March 6, 2017, asserting that Plaintiff had not shown that reversal was
warranted. (DE # 6)
Pending now before the Court is Defendant’s Unopposed Motion to Reverse and Remand,
pursuant to “sentence four” of section 405(g). (DE # 13) Specifically, the Commissioner states
that remand is proper so that it may conduct further proceedings.
The exclusive methods by which a district court may remand a social security case to the
Commissioner are set forth in “sentence four” and “sentence six” of 42 U.S.C. § 405(g). A remand
pursuant to “sentence six” is limited to two situations: where the Commissioner requests a remand
before answering the complaint or where the court orders the Commissioner to consider new,
material evidence that was for good cause not presented before the agency. The fourth sentence
of the statute provides that “[t]he 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); Shalala v. Schaefer, 509 U.S. 292, 296 (1993).
Here, the Court finds remand appropriate for the purpose of allowing the ALJ to further
evaluate the evidence. Therefore, the Commissioner’s motion is granted, and the case is reversed
and remanded to the Commissioner for further administrative action pursuant to “sentence four”
of section 405(g). This dismissal is without prejudice to Plaintiff’s subsequent filing for attorney’s
fees under the Equal Access to Justice Act.
IT IS SO ORDERED on this 26th day of June, 2017.
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?