Selph v. Social Security Administration Commissioner

Filing 8

ORDER granting 7 Defendant's Motion to Remand to the Commissioner for further consideration. Signed by Honorable James R. Marschewski on March 21, 2012. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION

ANDREW LEE SELPH
v.

PLAINTIFF
CIVIL NO. 11-2176

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT

ORDER ON MOTION TO REMAND
Plaintiff, Andrew Lee Selph, brings this action pursuant to 42 U.S.C. § 405(g), seeking
judicial review of a decision of the Commissioner of the Social Security Administration
(“Commissioner”) denying his applications for disability insurance benefits and supplemental
security income pursuant to Titles II and XVI of the Social Security Act. ECF No. 1. Defendant
filed an answer to Plaintiff’s action on December 23, 2011, asserting that the findings of the
Commissioner were supported by substantial evidence. ECF No. 4.
On March 20, 2012, the Commissioner, having changed positions, filed a motion
requesting that Plaintiff’s case be remanded pursuant to "sentence four" of section 405(g) in
order to conduct further administrative proceedings. ECF No. 7. Specifically, the Commissioner
seeks remand to allow the Administrative Law Judge to further evaluate the medical report of
Ted Honghiran, M.D., an orthopedic specialist, to hold an additional administrative hearing, and
to reassess Plaintiff’s residual functional capacity. ECF No. 7, at 1.
The exclusive methods by which a district court may remand a social security case to the
Commissioner are set forth in "sentence four" and "sentence six" of 42 U.S.C. § 405(g). A
remand pursuant to "sentence six" is limited to two situations: where the Commissioner requests
a remand before answering the complaint, or where the court orders the Commissioner to

AO72A
(Rev. 8/82)

consider new, material evidence that was for good cause not presented before the agency. The
fourth sentence of the statute provides that "[t]he court shall have 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."
42 U.S.C. § 405(g); Shalala v. Schaefer, 509 U.S. 292, 296, 113 S.Ct. 2625 (1993).
Here, the undersigned finds remand to allow the ALJ to further evaluate the evidence as
addressed above, appropriate. Therefore, the Commissioner’s motion is GRANTED and the case
will be remanded to the Commissioner for further administrative action pursuant to sentence four
of section 405(g).
IT IS SO ORDERED this 21st day of March 2012.

/s/ J. Marschewski
HONORABLE JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE

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AO72A
(Rev. 8/82)