Utley v. Social Security Administration

Filing 18

ORDER granting 17 the Commissioner's motion, and reversing the case and remanding 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. Signed by Magistrate Judge Jerome T. Kearney on 11/21/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DEREK UTLEY
V.

PLAINTIFF
CASE NO. 3:17-CV-00057-JTK

NANCY A. BERRYHILL, Commissioner
Social Security Administration

DEFENDANT
ORDER

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 his
application for disability insurance benefits (DIB) and supplemental security income (SSI). (DE
# 2) The Defendant filed an answer to Plaintiff’s action on July 7, 2017, asserting that Plaintiff
had not shown that reversal was warranted. (DE # 8)
Pending now before the Court is Defendant’s Unopposed Motion to Reverse and Remand,
pursuant to “sentence four” of section 405(g). (DE # 17) 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 21st day of November, 2017.
_________________________________
UNITED STATES MAGISTRATE JUDGE