Wysong v. Social Security Administration Commissioner
Filing
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MEMORANDUM OPINION. Signed by Honorable Mark E. Ford on November 6, 2015. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
MICHAEL J. WYSONG
v.
PLAINTIFF
CIVIL NO. 2:15-cv-2034-MEF
CAROLYN W. COLVIN, Commissioner
Social Security Administration
DEFENDANT
MEMORANDUM OPINION
Michael Wysong (“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 applications for disability insurance benefits (“DIB”) and
supplemental security income (“SSI”). ECF No. 1. This matter is presently before the undersigned
by consent of the parties. ECF No. 6.
The Commissioner filed an answer to Plaintiff’s action on August 20, 2015, asserting that
the findings of the Commissioner were supported by substantial evidence and were conclusive.
ECF No. 8. On October 28, 2015, having changed positions, the Commissioner filed an unopposed
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. 11.
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 (1993).
Here, we find remand is appropriate. Therefore, the Commissioner’s motion to remand is
hereby GRANTED and the case remanded to the Commissioner for further administrative action
pursuant to “sentence four” of section 405(g).
DATED this 6th day of November, 2015.
/s/ Mark E. Ford
HONORABLE MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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