Vogt v. Colvin
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Commissioner's Motion to Reverse and Remand (Doc. 21 ) is GRANTED. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that decision of the defendant Acting Commissioner of Social Security is REVERSED and that this case is REMANDED under Sentence Four of 42 U.S.C. § 405(g) for reconsideration and further proceedings consistent with this opinion. Signed by Magistrate Judge Shirley P. Mensah on 10/27/14. (JWD)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
CAROLYN W. COLVIN,
Acting Commissioner of Social Security
Case No. 4:14-CV-713-SPM
MEMORANDUM AND ORDER
This case is before the Court on Acting Commissioner Carolyn W. Colvin’s (“the
Commissioner’s”) Motion to Reverse and Remand the case to the Commissioner for further
administrative action pursuant to sentence four of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g). (Doc. 21). Plaintiff has not filed a response. The parties have consented to the
jurisdiction of the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1).
On April 9, 2014, Plaintiff filed a Complaint seeking review of the Commissioner’s
decision that Plaintiff was not under a disability within the meaning of the Social Security Act.
(Doc. 1). The Commissioner filed her answer and the transcript of the administrative proceedings
on June 11, 2014. (Docs. 11, 12). Plaintiff filed a brief in support of the complaint on July 11, 2014
2014. (Doc. 13).
On October 15, 2014, the Commissioner filed the instant motion to reverse and remand the
case to the Commissioner for further action under sentence four of section 205(g) of the Social
Security Act, which permits the Court “to enter, upon the pleadings and transcript of the record, a
judgment affirming, modifying, or reversing the decision of the Commissioner, with or without
remanding the cause for a rehearing.” 42 U.S.C. § 405(g). The Commissioner represents in her
motion that upon review of the record, agency counsel requested that the Appeals Council of the
Social Security Administration reconsider the Commissioner’s decision, and that the Appeals
Council then determined that remand was appropriate. The Commissioner states that “[u]pon
receipt of the Court’s remand order, the Appeals Council will remand this case to the
Administrative Law Judge (ALJ) who will be directed to evaluate Plaintiff’s mental impairments,
reassess Plaintiff’s residual functional capacity (RFC), evaluate all of the medical opinion
evidence, and not give any weight to assessments completed by single decision makers (SDMs).”
Upon review of Plaintiff’s brief in support of his complaint, the ALJ’s decision, and the
Commissioner’s motion, the Court agrees with the Commissioner that this case should be reversed
and remanded pursuant to sentence four of 42 U.S.C. § 405(g).
IT IS HEREBY ORDERED that the Commissioner’s Motion to Reverse and Remand
(Doc. 21) is GRANTED.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that decision of the
defendant Acting Commissioner of Social Security is REVERSED and that this case is
REMANDED under Sentence Four of 42 U.S.C. § 405(g) for reconsideration and further
proceedings consistent with this opinion.
/s/Shirley Padmore Mensah__________
SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 27th day of October, 2014.
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