Dyer v. Social Security Administration Commissioner
Filing
9
MEMORANDUM OPINION. Signed by Honorable Mark E. Ford on August 13, 2015. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
DOYLE DYER
v.
PLAINTIFF
CIVIL NO. 2:15-cv-2099-MEF
CAROLYN COLVIN, Commissioner
Social Security Administration
DEFENDANT
MEMORAMDUM OPINION
Plaintiff, Doyle Dyer, filed this action on May 20, 2015, seeking judicial review of a
decision of the Commissioner of Social Security (Commissioner) pursuant to 42 U.S.C. § 405(g).
ECF No. 1. On August 6, 2015, in lieu of an answer, the Defendant filed an Unopposed Motion
to Remand pursuant to sentence six of 42 U.S.C. § 405(g). ECF. No. 7, 8.
On April 12, 2010, Plaintiff filed an application for disability benefits (“DIB”) pursuant to
Title II of the Social Security Act, alleging disability since July 3, 2009. An Administrative Law
Judge (“ALJ”) issued an unfavorable decision on August 2, 2011. While the appeal was pending
before this court, the Plaintiff filed a subsequent application for both DIB and supplemental
security income (“SSI”) benefits on February 26, 2013. On January 13, 2014, this court entered
an Order remanding his DIB application for further consideration. On March 31, 2014, the
Appeals Council issued an order remanding the case and directing the ALJ to consolidate the April
2010 application for DIB with the February 26, 2013, applications for DIB and SSI. On February
24, 2015, the ALJ entered an unfavorable decision finding the Plaintiff not entitled to DIB benefits;
however, he failed to adjudicate the SSI claim. Accordingly, the Defendant now seeks remand to
allow the ALJ to consolidate the claims and enter a decision adjudicating all of the Plaintiff’s
claims.
This court may remand a social security case pursuant to sentence six of 42 U.S.C. § 405(g)
when the Commissioner, for good cause, requests remand to take further administrative action
before filing an answer to the complaint. 42 U.S.C. § 405(g); Shalala v. Schaefer, 509 U.S. 292,
113 S.Ct. 2625 (1993). In the present case, the Defendant has not yet filed an answer, and we find
good cause exists to support her request for remand.
Based on the foregoing, we hereby grant the Defendant’s motion and remand this case to
the Commissioner for further administrative action pursuant to sentence six of 42 U.S.C. § 405(g).
In view of the lengthy administrative proceedings Plaintiff has already completed, we direct that
the Defendant expedite the administrative proceedings on remand.
DATED this 13th day of August, 2015.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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