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)

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.

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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