Vancurren v. Social Security Administration Commissioner

Filing 17

MEMORANDUM OPINION. Signed by Honorable Erin L. Setser on May 27, 2014. (jn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
ASHLEY L. VANCUREN
V.

PLAINTIFF
NO. 13-5279

CAROLYN W. COLVIN,
Acting Commissioner of the Social Security Administration

DEFENDANT

MEMORANDUM OPINION
Plaintiff, Ashley L. Vancuren, 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 application for supplemental security income (SSI) benefits. (Doc.
1). Defendant filed an answer (Doc. 10), and both parties filed appeal briefs. (Docs. 12, 13).
On May 19, 2013, the Commissioner filed a Motion to Remand, requesting that
Plaintiff’s case be remanded pursuant to “sentence four” of section 405(g) in order to conduct
further administrative proceedings. (Doc. 15). Defendant states that it requests remand to an ALJ
to “hold a hearing to reconsider whether the Circuit Judge’s Order dated July 12, 2011, permits
withdrawal of any funds prior to Plaintiff reaching the age of majority (Tr. 23),” and that the ALJ
“should reconsider whether the account was an available resource to Plaintiff, and if not, find
that there was no overpayment and reinstate benefits as appropriate.” (Doc. 15). Defendant sets
forth further instructions for the ALJ upon remand. On May 21, 2014, Plaintiff filed a response
to the motion, stating that she has no objection to Defendant’s Motion to Remand. (Doc. 16).
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

AO72A
(Rev. 8/82)

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 upon 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 27th day of May, 2014.

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

AO72A
(Rev. 8/82)