Breece v. Social Security Administration Commissioner

Filing 12

MEMORANDUM OPINION. Signed by Honorable Erin L. Setser on January 6, 2015. (tg)

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

DONNA G. BREECE

v.

PLAINTIFF

NO. 14-5186

CAROLYN W. COLVIN, Commissioner
Social Security Administration

DEFENDANT

MEMORANDUM OPINION
Plaintiff, Donna G. Breece, 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 a period of disability and disability insurance
benefits (DIB). (Doc. 1). The Defendant filed an Answer to Plaintiff's action on October 28,
2014, asserting that the findings of the Commissioner were supported by substantial evidence
and were conclusive. (Doc. 8). Plaintiff filed an appeal brief on November 30, 2014. (Doc. 9).
On December 18, 2014, 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. 10). The Defendant seeks remand
so that the ALJ may further evaluate Plaintiff’s severe impairments, the opinion medical
evidence, the residual functional capacity finding, Plaintiff’s subjective complaints, and whether
Plaintiff’s substance abuse was a contributing factor material to the finding of disability.
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 6th day of January, 2015.

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

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AO72A
(Rev. 8/82)