Turner v. Social Security Administration Commissioner

Filing 8

ORDER granting the motion to remand case to the commissioner 7 for further consideration pursuant to sentence six of 405(g). Signed by Honorable James R. Marschewski on April 30, 2012. (sh)

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

JUSTIN W. TURNER
v.

PLAINTIFF
CIVIL NO. 12-2020

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT

ORDER ON MOTION TO REMAND
Plaintiff, Justin W. Turner, filed this action on January 24, 2012, seeking judicial review
of a decision of the Commissioner of Social Security (Commissioner) pursuant to 42 U.S.C. §
405(g). ECF No. 1. In place of an answer, Defendant filed a motion to remand for further
administrative action pursuant to 42 U.S.C. § 405(g). ECF No. 7. Specifically, Defendant seeks
remand to allow the ALJ an opportunity to reassess Plaintiff’s mental impairments and resulting
functional limitations. Def.’s Mot. to Remand, 1-2, ECF No. 7.
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
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, Defendant seeks remand pursuant to sentence four of 42 U.S.C. § 405(g).
Def’s Mot. to Remand, 2-3. However, no answer has been filed in the current action. As such,

AO72A
(Rev. 8/82)

remand under sentence six of § 405(g) is appropriate.
Based on the foregoing, the undersigned grants Defendant's motion and remands this case
to the Commissioner for further administrative action pursuant to sentence six of 42 U.S.C. §
405(g).
IT IS SO ORDERED this 30th day of April 2012.

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

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AO72A
(Rev. 8/82)