Wilson v. Social Security Administration

Filing 13

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION that the Commissioner's decision should be reversed and remanded for action consistent with this opinion. This should be a "sentence four" remand 12 . Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 11/15/2023. (lej)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
TAMMY LYNN WILSON

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Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner,
Social Security Administration,
Defendant.

No. 4:23-cv-00518-KGB-JJV

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
INSTRUCTIONS
This recommended disposition has been submitted to United States District Judge Kristine
G. Baker. The parties may file specific objections to these findings and recommendations and
must provide the factual or legal basis for each objection. The objections must be filed with the
Clerk no later than fourteen (14) days from the date of the findings and recommendations. A copy
must be served on the opposing party. The district judge, even in the absence of objections, may
reject these proposed findings and recommendations in whole or in part.
RECOMMENDED DISPOSITION
Plaintiff, Defendant filed an unopposed Motion to Remand this case (Doc. No. 12) 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 to conduct further proceedings and states opposing
counsel has 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 should be reversed and remanded for action
consistent with this opinion. This should be a “sentence four” remand within the meaning of 42
U.S.C. ' 405(g) and Melkonyan v. Sullivan, 501 U.S. 89 (1991).
SO RECOMMENDED this 15th day of November 2023.
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JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE

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