Jenkins v. Social Security Administration Commissioner

Filing 16

MEMORANDUM OPINION. Signed by Honorable Christy D. Comstock on July 8, 2024. (ria) Modified on 7/8/2024 (ria).

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION JAY M. JENKINS v. PLAINTIFF CIVIL NO. 24-5037 MARTIN J. O’MALLEY, Commissioner Social Security Administration DEFENDANT MEMORANDUM OPINION Plaintiff, Jay M. Jenkins, 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 a period of disability and disability insurance benefits (DIB) under the provisions of Title II of the Social Security Act (Act). (ECF No. 2). The Defendant filed the administrative transcript on April 10, 2024. (ECF No. 9). On July 8, 2024, the Commissioner filed an unopposed motion to remand Plaintiff's case pursuant to "sentence four" of section 405(g) in order to conduct further administrative proceedings. (ECF No. 15). 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. 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 1 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 (1993). Based on the foregoing, the Court finds appropriate remand for further administrative action pursuant to "sentence four" of section 405(g). DATED this 8th day of July 2024. /s/_________________________________ CHRISTY COMSTOCK UNITED STATES MAGISTRATE JUDGE 2

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