Smith v. Social Security Administration Commissioner

Filing 16

MEMORANDUM OPINION. Signed by Honorable Erin L. Setser on October 27, 2015. (tg)

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

UNTWAN SMITH
v.

PLAINTIFF
NO. 15-5014

CAROLYN W. COLVIN, Commissioner
Social Security Administration

DEFENDANT

MEMORANDUM OPINION
Plaintiff, Untwan Smith, 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 7, 2015, asserting that the findings of the
Commissioner were supported by substantial evidence and were conclusive. (Doc. 11).
Plaintiff filed an appeal brief on October 9, 2015. (Doc. 14).
On October 22, 2015, 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. 15).

The Defendant

seeks remand so that the ALJ can conduct further proceedings.
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.
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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 27th day of October, 2015.

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

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