Rauch v. Social Security Administration

Filing 11

ORDER AND JUDGMENT reversing and remanding the Commissioner's decision for action consistent with this opinion. This is a "sentence four" remand. Signed by Magistrate Judge Joe J. Volpe on 6/5/2024. (jbh)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION JOHN RAUCH, III * * * * * * * * * * Plaintiff, v. MARTIN O’MALLEY, Commissioner, Social Security Administration, Defendant. No. 4:24-cv-00108-JJV ORDER AND JUDGMENT Defendant filed an unopposed Motion to Reverse and Remand this case (Doc. No. 10) 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 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). SO ORDERED this 5th day of June 2024. ____________________________________ Joe J. Volpe UNITED STATES MAGISTRATE JUDGE

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