Swaffar v. Social Security Administration

Filing 12

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
WESTERN DIVISION
BARBARA M. SWAFFAR
v.

PLAINTIFF
No. 4:13CV00631-JLH-JJV

CAROLYN W. COLVIN, Acting Commissioner,
Social Security Administration

DEFENDANT

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 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