Jones v. Social Security Administration

Filing 12

ORDER granting 11 Defendant's Motion to Remand. All other motions are rendered moot. This is a "sentence four" remand. Signed by Magistrate Judge Joe J. Volpe on 5/29/2012. (srw)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION LYNDA L. JONES, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant. * * * * * * * * * No. 4:11-CV-00817-JJV ORDER Defendant has filed a Motion to Remand (Doc. No. 11) 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 administrative action. The Motion states that Plaintiff’s counsel was contacted and she 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, it is hereby ORDERED that Defendant's Motion to Remand (Doc. No. 11) is GRANTED. All other pending motions are rendered moot. 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). This dismissal is without prejudice to Plaintiff’s subsequent filing for attorney’s fees under the Equal Access to Justice Act. SO ORDERED this 29th day of May, 2012. ____________________________________ JOE J. VOLPE 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?