Battista v. Social Security Administration Commissioner
Filing
12
MEMORANDUM OPINION. Signed by Honorable Erin L. Setser on March 3, 2016. (tg)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
DOMINIC MICHAEL BATTISTA
v.
PLAINTIFF
NO. 15-3092
CAROLYN W. COLVIN, Commissioner
Social Security Administration
DEFENDANT
MEMORANDUM OPINION
Plaintiff, Dominic Michael Battista, 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 application for a period of disability and disability
insurance benefits (DIB). (Doc. 1). The Defendant filed an Answer to Plaintiff's action on
December 18, 2015, asserting that the findings of the Commissioner were supported by
substantial evidence and were conclusive. (Doc. 8). Plaintiff filed an appeal brief on January
19, 2016. (Docs. 9, 10).
On February 18, 2016, the Commissioner, having changed positions, 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. (Doc. 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.
1
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 unopposed motion to remand this case to the Commissioner for further
administrative action pursuant to "sentence four" of section 405(g).
DATED this 3rd day of March, 2016.
/s/ Erin L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?