Lands v. Social Security Administration

Filing 17

ORDER granting 16 Defendant's motion to remand; rendering moot all other pending motions. This is a "sentence four" remand. This dismissal is without prejudice to Plaintiff's subsequent filing for attorney's fees under the EAJA. Signed by Magistrate Judge Henry L. Jones, Jr on 9/12/2008. (thd)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION Chris Lands v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, 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. Although time has passed, Plaintiff has registered no Under the circumstances, a Buckner v. Apfel, 213 F.3d 4:08CV00200 HLJ Plaintiff Defendant objection to the requested remand. sentence four remand is appropriate. 1006, 1010-11 (8th Cir. 2000). Accordingly, it is hereby ORDERED that Defendant's motion to remand (docket #16) is hereby granted. moot. All other pending motions are hereby rendered This dismissal is without This is a "sentence four" remand. prejudice to Plaintiff's subsequent filing for attorney's fees under the Equal Access to Justice Act. DATED this 12th day of September, 2008. UNITED STATES MAGISTRATE JUDGE

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