Collins v. Social Security Administration Commissioner
Filing
14
MEMORANDUM OPINION. Signed by Honorable Erin L. Wiedemann on May 16, 2017. (tg)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
KENNETH COLLINS
PLAINTIFF
v.
NO. 16-5328
NANCY A. BERRYHILL, 1 Commissioner
Social Security Administration
DEFENDANT
MEMORANDUM OPINION
Plaintiff, Kenneth Collins, 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 application for disability insurance benefits (DIB) under Title II
of the Social Security Act. (Doc. 1). The Defendant filed an Answer to Plaintiff's action on
April 7, 2017, asserting that the findings of the Commissioner were supported by substantial
evidence and were conclusive. (Doc. 9).
On May 10, 2017, 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. 12).
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
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Nancy A. Berryhill, has been appointed to serve as acting Commissioner of Social Security, and is substituted as
Defendant, pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure.
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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
appropriate.
Based on the foregoing, the Court finds remand appropriate and grants the
Commissioner's unopposed motion to remand this case to the Commissioner for further
administrative action pursuant to "sentence four" of section 405(g).
DATED this 16th day of May 2017.
/s/ Erin L. Wiedemann
HON. ERIN L. WIEDEMANN
UNITED STATES MAGISTRATE JUDGE
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