Baty v. Social Security Administration Commissioner

Filing 15

ORDER granting 14 Motion to Remand. Signed by Honorable James R. Marschewski on June 8, 2012. (lw)

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

JERRY D. BATY
v.

PLAINTIFF
CIVIL NO. 11-2250

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT

ORDER ON MOTION TO REMAND
On December 19, 2011, Plaintiff, Jerry D. Baty, filed a complaint 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 application for disability insurance benefits
pursuant to Title II of the Social Security Act. ECF No. 1. Defendant filed an answer to
Plaintiff’s action on February 27, 2012, asserting that the findings of the Commissioner were
supported by substantial evidence. ECF No. 11.
On May 23, 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. 14.

Specifically, the

Commissioner seeks remand to allow the Administrative Law Judge to update the administrative
record, reconsider the opinion of Dr. Capocelli, Plaintiff’s treating surgeon, and obtain a
consultative orthopedic examination, if necessary. ECF No. 14, at 1-2.
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).
In this instance, the undersigned finds remand, to allow the Administrative Law Judge
to further evaluate the evidence, 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 8th day of June 2012.

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

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AO72A
(Rev. 8/82)