Nutt v. Social Security Administration Commissioner
MEMORANDUM OPINION. Signed by Honorable James R. Marschewski on March 10, 2014. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
BOBBY L. NUTT
CIVIL NO. 13-2183
CAROLYN W. COLVIN1, Commissioner
Social Security Administration
Bobby Nutt (“Plaintiff”) 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 application for disability insurance benefits (“DIB”) and supplemental security income
(“SSI”). ECF No. 1. The Defendant filed an answer to Plaintiff’s action on December 20, 2013,
asserting that the findings of the Commissioner were supported by substantial evidence and were
conclusive. ECF No. 9.
On May 10, 2014, 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 Nos. 12. Specifically, the Commissioner requests that
remand be granted to allow the ALJ to reconsider the issue of whether Plaintiff meets or equals
Listing 12.05C and to consider and resolve potential inconsistencies in the record with respect to
whether or not Plaintiff’s hearing loss is a severe impairment.
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
Carolyn W. Colvin became the Social Security Commissioner on February 14, 2013. Pursuant to Rule
25(d)(1) of the Federal Rules of Civil Procedure, Carolyn W. Colvin has been substituted for Commissioner
Michael J. Astrue as the defendant in this suit.
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).
Here, we find remand for the purpose of the ALJ to further evaluate the evidence as
addressed above, appropriate. Therefore, we recommend that the Commissioner’s motion to remand
be GRANTED and the case remanded to the Commissioner for further administrative action
pursuant to “sentence four” of section 405(g).
DATED this 10th day of March 2014.
/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE
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