Swaffar v. Social Security Administration
ORDER: The Commissioners 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). Signed by Judge J. Leon Holmes on 6/10/2014. (ks)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF ARKANSAS
BARBARA M. SWAFFAR
CAROLYN W. COLVIN, Acting Commissioner,
Social Security Administration
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
The Commissioner seeks remand for further development of the record and to issue a new
decision. Defendant states that Plaintiff’s attorney was contacted and stated that 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).
IT IS SO ORDERED this 10th day of June, 2014.
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE
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