Hudson v. Astrue

Filing 21

MEMORANDUM AND ORDER re: 20 MOTION to Remand Case to Social Security Administration filed by Defendant Michael J. Astrue. IT IS HEREBY ORDERED that Defendants Motion to Reverse and Remand with Suggestions in Support (Doc. No. 20) be an d it is granted. IT IS FURTHER ORDERED that the decision of the Commissioner be reversed and this case be remanded to the Commissioner for further proceedings pursuant to sentence four of § 405(g) for those reasons set forth in this Memorandum and Order. A separate written judgment will be entered in favor of the plaintiff and against the defendant. Signed by Magistrate Judge Lewis M. Blanton on 5/13/13. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JANIE B. HUDSON,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No. 4:12CV1384 LMB

MEMORANDUM AND ORDER
This is an action under 42 U.S.C. § 405(g) for judicial review of defendant’s final decision
denying plaintiff’s application for Disability Insurance Benefits under Title II of the Social
Security Act, and Supplemental Security Income benefits under Title XVI of the Act. Currently
pending is Defendant’s Motion to Reverse and Remand with Suggestions in Support. (Document
Number 20). Plaintiff has not filed a Response to defendant’s motion.
In her motion, defendant requests that the court reverse the decision of the Administrative
Law Judge (ALJ) and remand this action pursuant to sentence four of 42 U.S.C. § 405(g).
Defendant states that, upon receipt of the court’s remand order, the Appeals Council of the Social
Security Administration will remand this case to an ALJ, who will be directed to discuss the prior
favorable decision and recognize the previous period of disability; consider the correct date of
death for plaintiff’s spouse when determining whether plaintiff is entitled to widow’s benefits; and
consider all of the evidence relevant to plaintiff’s current application for SSI benefits and widow’s
benefits. Defendant requests that the court enter a final judgment pursuant to Rule 58 of the
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Federal Rules of Civil Procedure reversing the decision of the ALJ and remanding this case to the
Commissioner.
Sentence four of 42 U.S.C. § 405(g) provides that “[t]he 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.” However, in order for the court to properly remand a case to the Commissioner
pursuant to sentence four, the court must enter an order either affirming, modifying or reversing
the Commissioner’s decision. See Brown v. Barnhart, 282 F.3d 580, 581 (8th Cir. 2002).
The undersigned believes that it is appropriate to reverse and remand this case in order to
permit the Commissioner to take further action as requested in her motion.

Accordingly,

IT IS HEREBY ORDERED that Defendant’s Motion to Reverse and Remand with
Suggestions in Support (Doc. No. 20) be and it is granted.
IT IS FURTHER ORDERED that the decision of the Commissioner be reversed and
this case be remanded to the Commissioner for further proceedings pursuant to sentence four of
§ 405(g) for those reasons set forth in this Memorandum and Order. A separate written judgment
will be entered in favor of the plaintiff and against the defendant.

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Dated this

13th day of May, 2013.

LEWIS M. BLANTON
UNITED STATES MAGISTRATE JUDGE

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