Day v. Social Security Administration Commissioner

Filing 16

MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on April 22, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JEREMY TRAVIS DAY
vs.

PLAINTIFF
Civil No. 4:13-cv-04078

CAROLYN COLVIN,
Commissioner, Social Security Administration

DEFENDANT

MEMORANDUM OPINION
On April 7, 2014, Defendant filed a Motion to Remand. ECF No. 14.1 Plaintiff has not filed
any objections or respond to the Motion. Id. The parties have consented to the jurisdiction of a
magistrate judge to conduct any and all proceedings in this case, including conducting the trial,
ordering the entry of a final judgment, and conducting all post-judgment proceedings. ECF No. 10.
Pursuant to this authority, the Court issues this memorandum opinion and orders the entry of a final
judgment in this matter.
Defendant requests a remand so the Commissioner may conduct further administrative
proceedings and further evaluate Plaintiff’s disability status. Specifically, Defendant requests the
case be remanded to an ALJ for further administrative proceedings so that the Plaintiff may appear
at a hearing and present updated and relevant medical evidence, and an ALJ may obtain vocational
expert testimony, further evaluate Plaintiff’s mental impairments using the special technique, address
the opinion evidence, and further evaluate Plaintiff’s maximum residual functional capacity.
This Court finds this motion is well-taken and should be granted. The Commissioner’s
decision is reversed, and this matter is hereby remanded pursuant to sentence four of 42 U.S.C. §
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The docket numbers for this case are referenced by the designation “ECF No.” The transcript pages for
this case are referenced by the designation “Tr.”

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405(g) for further proceedings. In addition, the undersigned finds the Plaintiff’s Complaint should
be and hereby is dismissed without prejudice. Plaintiff may still, however, file a motion for
attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412.
A judgment incorporating these findings will be entered pursuant to Federal Rules of Civil
Procedure 52 and 58.
ENTERED this 22nd day of April 2014.

/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE

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