Sargent v. Commissioner of Social Security

Filing 15

ORDER granting 14 Motion to Remand. This case is reversed and remanded to the Commissioner pursuant to sentence four of 42 USC Section 405(g), with directions to reconsider the record relating to the time period prior to 10/17/10, conduct any necessary proceedings and issue new findings. Judgment will be entered in favor of Sargent and against the Commissioner. Signed by Magistrate Judge Leonard T Strand on 5/21/13. (djs)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
WESTERN DIVISION
DONALD C. SARGENT,
Plaintiff,

No. C12-4093-LTS

vs.

ORDER

CAROLYN W. COLVIN, Commissioner
of Social Security,
Defendant.
____________________
This matter is before me on the parties’ joint motion (Doc. No. 14) to reverse
the decision of the Commissioner and remand the case pursuant to sentence four of 42
U.S.C. § 405(g). Upon reviewing the case, counsel for the defendant requested that
the Appeals Council reconsider the Commissioner’s decision. The Appeals Council
determined that remand was appropriate and plaintiff’s counsel agreed.
Sentence four provides, “The 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). When the parties agree to a sentence four remand,
the court may reverse and remand the Commissioner’s decision for further proceedings
and enter judgment in the plaintiff’s favor without conducting a full review of the
administrative record. Cuvelier v. Astrue, No. C10-3027-MWB, 2010 WL 4665857, at
*2 (N.D. Iowa Nov. 9, 2010).
Accordingly, the motion is granted, and this case is reversed and remanded to
the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g), with directions to
reconsider the record relating to the time period prior to October 17, 2010, conduct any

necessary proceedings and issue new findings. Judgment will be entered in favor of
Sargent and against the Commissioner.
IT IS SO ORDERED.
DATED this 21st day of May, 2013.

________________________________
LEONARD T. STRAND
UNITED STATES MAGISTRATE JUDGE
NORTHERN DISTRICT OF IOWA

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