Decker v. Social Security Administration Commissioner
MEMORANDUM OPINION. Signed by Honorable Mark E. Ford on September 17, 2015. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
KAREN S. DECKER for
JOHN C. DECKER , Deceased
CIVIL NO. 2:15-cv-2088-MEF
CAROLYN W. COLVIN1, Commissioner
Social Security Administration
Karen Decker (“Plaintiff”), as next of kin, 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 John Decker’s application for supplemental security income (“SSI”).
ECF No. 1. This matter is presently before the undersigned by consent of the parties. ECF No. 5.
The Commissioner filed an answer to Plaintiff’s action on July 10, 2015, asserting that the
findings of the Commissioner were supported by substantial evidence and were conclusive. ECF
No. 10. On August 28, 2015, having changed positions, the Commissioner 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.
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,
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.
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 to allow the Defendants to conduct further
administrative proceedings regarding this matter. 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 17th day of September, 2015.
/s/ Mark E. Ford
HONORABLE MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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