Fason v. Social Security Administration Commissioner

Filing 10

MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on December 5, 2012. (src)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION

DORIS J. FASON
vs.

PLAINTIFF
Civil No. 6:12-cv-06105

MICHAEL J. ASTRUE,
Commissioner, Social Security Administration

DEFENDANT

MEMORANDUM OPINION
On November 14, 2012, Defendant filed a Motion to Remand. ECF No. 6.1 Plaintiff
responded to this Motion and has no objections. ECF No. 8. The parties have consented to the
jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including
conducting the trial, ordering the entry of a final judgment, and conducting all post-judgment
proceedings. ECF No. 3. Pursuant to this authority, the Court issues this memorandum opinion and
orders the entry of a final judgment in this matter.
Defendant requests a remand so the Commissioner may conduct further administrative
proceedings and further evaluate Plaintiff’s disability status. Specifically, Defendant requests the
case be remanded to an ALJ for further administrative proceedings in order to update the claim file
and further assess all of the evidence, including the evidence contained in Exhibit 14F (Tr. 358-375),
which Plaintiff submitted to the Appeals Council in August 2011, as well as additional evidence
received from Plaintiff in July 2012 that was not associated with the claim file before the Appeals
Council issued the denial notice; to obtain vocational expert testimony; and to provide Plaintiff with

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The docket numbers for this case are referenced by the designation “ECF No.” The transcript pages for
this case are referenced by the designation “Tr.”

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an opportunity for a hearing.
This Court finds this motion is well-taken and should be granted. The Commissioner’s
decision is reversed, and this matter is hereby remanded pursuant to sentence four of 42 U.S.C. §
405(g) for further proceedings. In addition, the undersigned finds the Plaintiff’s Complaint should
be and hereby is dismissed without prejudice. Plaintiff may still, however, file a motion for
attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412.
A judgment incorporating these findings will be entered pursuant to Federal Rules of Civil
Procedure 52 and 58.
ENTERED this 5th day of December 2012.

/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE

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