Camp v. Social Security Administration Commissioner
ORDER granting 10 Motion to Remand. Signed by Honorable James R. Marschewski on August 30, 2011. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
STEPHANIE L. CAMP
CIVIL NO. 11-3014
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Plaintiff, Stephanie L. Camp, 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 her applications for disability insurance benefits and supplemental
security income pursuant to Titles II and XVI of the Social Security Act. ECF No. 1. Defendant
filed an answer to Plaintiff’s action on June 13, 2011, asserting that the findings of the
Commissioner were supported by substantial evidence. ECF No. 7.
On August 30, 2011, 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. 10, 11. Specifically, the
Commissioner seeks remand to allow the Administrative Law Judge (“ALJ”) to further evaluate
treating physicians’ opinions, other medical source opinions, and test findings, and to re-assess
Plaintiff’s residual functional capacity. Def.’s Br. in Support 1, ECF No. 11. The Commissioner
also seeks remand to allow the ALJ to obtain an additional consultative examination and to
consider Plaintiff’s credibility in accordance with the factors delineated in 20 C.F.R. §§
404.1529, 416.929, and SSR 96-7p (1996). Id.
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).
Here, the undersigned finds remand to allow the ALJ to further evaluate the evidence as
addressed above, appropriate. Therefore, the Commissioner’s motion is granted and the case will
be remanded to the Commissioner for further administrative action pursuant to sentence four of
IT IS SO ORDERED this 30th day of August 2011.
/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI
CHIEF U.S. MAGISTRATE JUDGE
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