Risley v. Social Security Administration Commissioner
Filing
13
MEMORANDUM OPINION. Signed by Honorable Erin L. Setser on January 29, 2016. (rg)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
BRANDI M. RISLEY
V.
PLAINTIFF
NO. 15-5143
CAROLYN W. COLVIN,
Acting Commissioner of the Social Security Administration
DEFENDANT
MEMORANDUM OPINION
Plaintiff, Brandi M. Risley, 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 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 December 11, 2015, asserting that the findings of the
Commissioner were supported by substantial evidence and were conclusive. (Doc. 10). Plaintiff
filed an appeal brief on January 14, 2016. (Doc. 11).
On January 29, 2016, the Commissioner 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. 12). The Defendant states that upon remand, the ALJ will
conduct further administrative 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
AO72A
(Rev. 8/82)
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 allowing the ALJ to further evaluate the
evidence as addressed above appropriate.
Based on the foregoing, the Court find 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 29th day of January, 2016.
/s/ Erin
L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE
-2-
AO72A
(Rev. 8/82)
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