DeLoof v. Social Security Administration Commissioner
MEMORANDUM OPINION. Signed by Honorable James R. Marschewski on December 8, 2011. (dmc)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Plaintiff, Amy Deloof, filed this action on April 20, 2011, seeking judicial review of a
decision of the Commissioner of Social Security (Commissioner) pursuant to 42 U.S.C. § 405(g).
ECF No. 1. Defendant filed a Motion for Extension of Time to File Answer on November 7, 2011,
and said motion was granted. ECF No. 10. However, instead of answering the complaint, defendant
has now filed a motion requesting Plaintiff’s case be remanded for further administrative action
pursuant to sentence four of 42 U.S.C. § 405(g). ECF. No. 11. Defendant contends that the case
should be remanded to allow an Administrative Law Judge to reconsider Plaintiff’s residual
functional capacity, to conduct a new hearing, to re-examine the evidence of record, and to permit
Plaintiff the opportunity to submit updated medical evidence.
We note that remand pursuant to sentence four is improper in this case. However, this court
may remand a social security case pursuant to sentence six of 42 U.S.C. § 405(g) when the
Commissioner, for good cause, requests remand to take further administrative action before filing
an answer to the complaint. 42 U.S.C. §405(g); Shalala v. Schaefer, 509 U.S. 292, 113 S.Ct. 2625
(1993). In the present case, an answer has not been filed and we find good cause exists to support
defendant’s request for remand.
Based on the foregoing, we hereby grant defendant’s motion and remand this case to the
Commissioner for further administrative action pursuant to sentence six of 42 U.S.C. § 405(g). In
view of the lengthy administrative proceedings plaintiff has already completed, we direct that
defendant expedite the administrative proceedings on remand.
DATED this 08th day of December 2011.
/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?