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)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JOHN RAUCH, III

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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.
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Joe J. Volpe
UNITED STATES MAGISTRATE JUDGE