Burns v. Colvin

Filing 21

ORDER OF REVERSAL AND REMAND re: 19 MOTION to Remand Case to Social Security Administration filed by Defendant Carolyn W. Colvin. IT IS HEREBY ORDERED that Defendant's Motion to Reverse and Remand with Suggestions in Support is GRANTED. [Doc. 19.] A Judgment will be entered in a separate document. Signed by Magistrate Judge Nannette A. Baker on 1/19/17. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

ASHLEY BURNS,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)

Case No. 1:16-CV-194 NAB

ORDER OF REVERSAL AND REMAND
This matter is before the Court on Defendant’s Motion to Reverse and Remand with
Suggestions in Support. [Doc. 19.] Plaintiff filed a response stating that she has no objection to
the motion to remand.

[Doc. 20.]

The parties have consented to the jurisdiction of the

undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1). [Doc. 7.]
On July 11, 2016, Plaintiff filed this action seeking judicial review of Defendant’s denial
of Plaintiff’s application for supplemental security income under the Social Security Act. [Doc.
1.] Defendant filed an Answer and Administrative Transcript. [Docs. 10, 11.] Plaintiff filed a
Brief in Support of the Complaint. [Doc. 14.] Defendant filed a Motion to Reverse and Remand
with Suggestions in Support.

[Doc. 19.]

Defendant requests that the Court enter a final

judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure reversing the ALJ’s
decision and remanding this case to the Commissioner pursuant to sentence four of 42 U.S.C.
§ 405(g). In support of her motion, Defendant states that remand is necessary to provide the ALJ
an opportunity to evaluate and weigh the opinion of a medical expert, Dr. John David Sabow,
who testified that Plaintiff met the requirements of Listing § 1.04A of 20 C.F.R. pt. 404, subpt.

P, App. 1. Based on the foregoing, the Court will grant Defendant’s Motion to Reverse and
Remand with Suggestions in Support.
Accordingly,
IT IS HEREBY ORDERED that Defendant’s Motion to Reverse and Remand with
Suggestions in Support is GRANTED. [Doc. 19.]
A Judgment will be entered in a separate document.
Dated this 19th day of January, 2017.

/s/ Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE

2