Rabushka v. Social Security Administration

Filing 28

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Reverse and Remand (Doc. 26) is GRANTED. IT IS FURTHER HEREBY ORDERED, ADJUDGED, AND DECREED that the decision of the Commissioner of Social Security is REVERSED and this matter is REMANDED for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). A separatejudgment will accompany this Memorandum and Order. Signed by Magistrate Judge Shirley P. Mensah on 4/30/14. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHARON L. RABUSHKA,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security

Defendant.

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Case No. 4:13-CV-1516-SPM

MEMORANDUM AND ORDER
This case is before the Court on Defendant Carolyn W. Colvin’s unopposed Motion to
Reverse and Remand the case to Defendant for further administrative action pursuant to sentence
four of 42 U.S.C. § 405(g). (Doc. 26).1
On April 30, 2013, Plaintiff filed a Complaint seeking review of Defendant’s decision that
Plaintiff was not under a disability within the meaning of the Social Security Act. (Doc. 1). On
October 2, 2013, Defendant filed her answer and the transcript of the administrative record.
(Docs. 11 & 12). On April 28, 2014, Defendant filed the instant motion to reverse and remand.
Defendant states that after review of the record, agency counsel requested that the Appeals Council
of the Social Security Administration reconsider Defendant’s decision, and the Appeals Council
determined that remand was appropriate. Defendant states that upon receipt of a remand order
from this Court, the Appeals Council will remand this case to an ALJ with directions to evaluate
Plaintiff’s claim and issue a new decision. Specifically, the ALJ will be directed to evaluate the
nature and severity of Plaintiff’s mental impairments and to evaluate Plaintiff’s residual functional
1

Both Plaintiff and Defendant consented to have the undersigned United States Magistrate Judge
conduct all proceedings in the case, including entry of a final judgment, in accordance with 28
U.S.C. § 636(c)(1). (Doc. 7).

capacity in light of the ALJ’s drug abuse and alcoholism findings. Defendant requests that the
Court issue an order and judgment reversing and remanding the case pursuant to sentence four of
42 U.S.C. § 405(g).2 Plaintiff filed a response indicating that she has no objection to Defendant’s
motion. Upon review of Defendant’s motion and Plaintiff’s response, the Court agrees that
remand is appropriate.
Accordingly,
IT IS HEREBY ORDERED that Defendant’s Motion to Reverse and Remand (Doc. 26)
is GRANTED.
IT IS FURTHER HEREBY ORDERED, ADJUDGED, AND DECREED that the
decision of the Commissioner of Social Security is REVERSED and this matter is REMANDED
for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). A separate
judgment will accompany this Memorandum and Order.
/s/Shirley Padmore Mensah__________
SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 30th day of April, 2014.

2

Under sentence four of 42 U.S.C. § 405(g), “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 our without remanding the cause for a rehearing.”
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