Crabb v. Social Security Administration Commissioner

Filing 11

MEMORANDUM OPINION. Signed by Honorable Erin L. Setser on November 13, 2012. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION

APPARADEE CRABB

v.

PLAINTIFF

CIVIL NO. 12-3048

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT

MEMORANDUM OPINION
Plaintiff, Apparadee Crabb, 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 a period of disability and disability insurance
benefits (DIB) and supplemental security income (SSI) benefits. (Doc. 1). The Defendant filed
an Answer to Plaintiff's action on August 31, 2012, asserting that the findings of the
Commissioner were supported by substantial evidence and were conclusive. (Doc. 7). Plaintiff
filed an appeal brief on October 3, 2012. (Doc. 8).
On October 31, 2012, 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. (Doc. 9). The Defendant seeks remand so that
the Agency may review the case de novo under the proper legal standards, further develop the
record as necessary, and issue a new decision.
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

AO72A
(Rev. 8/82)

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 Court finds remand for the purpose of the ALJ to further evaluate the evidence
as addressed above appropriate.
Based on the foregoing, the Court finds remand appropriate and grants the
Commissioner's motion to remand this case to the Commissioner for further administrative
action pursuant to "sentence four" of section 405(g).
DATED this 13th day of November, 2012.

/s/ Erin L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE

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AO72A
(Rev. 8/82)