Dickerson v. Social Security Administration

Filing 16

ORDER reversing the Commissioner's decision and remanding this case 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). Signed by Magistrate Judge Joe J. Volpe on 11/20/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
SUSAN ANN DICKERSON,

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Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner, Social Security
Administration,
Defendant.

No. 3:17cv00077-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 Plaintiff=s attorney was contacted and stated 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 20th day of November, 2017.

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JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE