Parsons v. Social Security Administration

Filing 15

ORDER granting 14 Motion to Remand. The Commissioner's prior decision is reversed and this matter is remanded for further administrative proceedings and issuance of a new decision. This is a sentence four remand. Signed by Magistrate Judge J. Thomas Ray on 07/11/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JOHNY PARSONS
V.

PLAINTIFF
NO. 4:14CV00019 JTR

CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration

DEFENDANT

ORDER
Plaintiff seeks judicial review of the administrative denial of his claim for
Disability Insurance Benefits and Supplemental Security Income. Doc. #2. The
Commissioner has filed an Unopposed Motion to Remand, asserting that the case
should be reversed and remanded for further administrative proceedings, pursuant to
the fourth sentence of 42 U.S.C. § 405(g). Doc. #14. The Motion states Plaintiff’s
counsel was contacted and has no objection to the requested remand. Id. at 1.
In the Motion, the Commissioner seeks voluntary remand for the
Administrative Law Judge to hold a supplemental hearing and issue a new decision.
Specifically, the Commissioner requests remand for the ALJ: (1) to obtain
supplemental vocational evidence; and (2) before relying on any vocational expert
evidence, to identify and resolve any conflicts between the expert’s evidence and

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information in the Dictionary of Occupational Titles, as required by Social Security
Ruling 00-4p. Under the circumstances, remand is appropriate.
IT IS THEREFORE ORDERED THAT the Commissioner’s Unopposed
Motion to Remand, Doc. #14, is GRANTED. The Commissioner’s prior decision is
REVERSED and this matter is REMANDED for further administrative proceedings
and issuance of a new decision. 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).
DATED this 11th day of July, 2014.

UNITED STATES MAGISTRATE JUDGE

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