Coram v. Colvin

Filing 17

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the motion of Carolyn W. Colvin, Acting Commissioner of Social Security, to remand this case pursuant to sentence four of 42 U.S.C. § 405(g) is GRANTED. [Doc. 15] IT IS FURTHER ORDERED that this case is REMANDED pursuant to sentence four of § 405(g) for further proceedings as specified in the motion.. Signed by Magistrate Judge Thomas C. Mummert, III on 12/28/15. (cc: Bureau of Hearings and Appeals) (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
RANDY CORAM,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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Case number 1:15cv0137 TCM

MEMORANDUM AND ORDER
This 42 U.S.C. § 405(g) action for judicial review of the final decision of Carolyn W.
Colvin, the Acting Commissioner of Social Security ("the Commissioner"), denying the
application of Randy Coram ("Plaintiff") for disability insurance benefits under Title II of the
Social Security Act (the Act), 42 U.S.C. § 401-433, is before the Court1 on the
Commissioner's unopposed motion to remand the case to the Appeals Council for further
proceedings pursuant to sentence four of § 405(g). The Commissioner explains in her motion
that, should the Court enter a remand order, the Appeals Council shall remand the case to the
Administrative Law Judge (ALJ) to take certain actions requiring further development of the
record and additional analysis.
As noted by the Eighth Circuit Court of Appeals, "[s]ection 405(g), which governs
judicial review of final decisions of the Commissioner, authorizes only two types of remand
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The case is before the undersigned United States Magistrate Judge by written consent of the
parties. See 28 U.S.C. § 636(c).

orders: (1) those made pursuant to sentence four, and (2) those made pursuant to sentence
six." Buckner v. Apfel, 213 F.3d 1006, 1010 (8th Cir. 2000) (citing Melkonyan v. Sullivan,
501 U.S. 89, 98-99 (1991)). "A sentence four remand is . . . proper whenever the district
court makes a substantive ruling regarding the correctness of a decision of the Commissioner
and remands the case in accordance with such a ruling." Id. A remand order requiring the
Commissioner to "cure some specific defect[s] in the administrative proceeding, such as the
ALJ's failure to develop the record or to properly evaluate the evidence," is a sentence four
remand. Id.
Accordingly, for good cause shown,
IT IS HEREBY ORDERED that the motion of Carolyn W. Colvin, Acting
Commissioner of Social Security, to remand this case pursuant to sentence four of 42 U.S.C.
§ 405(g) is GRANTED. [Doc. 15]

IT IS FURTHER ORDERED that this case is REMANDED pursuant to sentence
four of § 405(g) for further proceedings as specified in the motion.

/s/ Thomas C. Mummert, III
THOMAS C. MUMMERT, III
UNITED STATES MAGISTRATE JUDGE
Dated this 28th day of December, 2015.

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