Sims v. SSA

Filing 34

ORDER granting 33 Motion to Remand to Social Security Administration. This is a "sentence four" remand; all other pending motions are rendered moot 26 27 . Signed by Judge James M. Moody on 2/4/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION SHUNDA SIMS v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration ORDE R Defendant has filed a Motion to Remand pursuant to sentence four of 42 U.S.C. 405(g) (1995). In pertinent part, this statute provides the following: 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 to further develop the record, hold a new hearing, reevaluate the evidence, and issue a new decision. Plaintiff has not filed a Response objecting to the requested remand. Under these circumstances, a sentence four remand is appropriate. Buckner v. Apfel, 213 F.3d 1006, 1010-11 (8th Cir. 2000). IT IS THEREFORE ORDERED that Defendant's Motion to Remand (docket entry #33) be hereby granted. All other pending motions are rendered moot. Because this is a "sentence four" remand, it is without prejudice to Plaintiff's right to seek attorney's fees under the Equal Access to Justice Act. DATED this 4th day of February, 2009. 4:04CV00665 JMM/JTR PLAINTIFF DEFENDANT ___________________________________ UNITED STATES DISTRICT JUDGE

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