Rodgers v. Colvin
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Motion to Reverse and Remand with Suggestions in Support is GRANTED. [Doc. 21 .]A Judgment will be entered in a separate document. Signed by Magistrate Judge Nannette A. Baker on 05/21/2015. (CLK)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
THADDEUS L. ROGERS,
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Case No. 2:14-CV-103 NAB
MEMORANDUM AND ORDER
This matter is before the Court on Defendant’s Motion to Reverse and Remand with
Suggestions in Support. [Doc. 21.] Plaintiff filed a response stating that he had no objection to
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 November 3, 2014, Plaintiff filed this action seeking judicial review of Defendant’s
denial of Plaintiff’s application for disability insurance benefits and supplemental security
income under the Social Security Act. [Doc. 1.] Defendant filed an Answer and the Certified
Administrative Transcript. [Docs. 10, 11.] On March 3, 2015, Plaintiff filed a Brief in Support
of the Complaint. [Doc. 16.] On May 20, 2015, Defendant filed a Motion to Reverse and
Remand with Suggestions in Support. [Doc. 21.]
In the motion requesting reversal and remand, Defendant requests that the Court enter a
final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure reversing the
administrative law judge’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 allow the Commissioner to properly consider Plaintiff’s claim and could make
further judicial review unnecessary. Upon remand, the Appeals Council will remand this case to
the administrative law judge and direct him or her to (1) update the record as necessary regarding
Plaintiff’s past relevant work and (2) obtain evidence from a vocational expert regarding the
claimant’s past relevant work and his ability to perform his past relevant work, as well as any
other jobs that may exist in significant numbers in the national economy.
Based on the
foregoing, the Court will grant Defendant’s Motion to Reverse and Remand with Suggestions in
IT IS HEREBY ORDERED that Defendant’s Motion to Reverse and Remand with
Suggestions in Support is GRANTED. [Doc. 21.]
A Judgment will be entered in a separate document.
Dated this 21st day of May, 2015.
/s/ Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE
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