Wilson v. Colvin

Filing 29

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Commissioner's Motion to Reverse and Remand (Doc. 27 ) is GRANTED. IT IS FURTHER ORDERED that the oral argument scheduled in this case for Friday, June 5, 2015, at 9:30 a.m., is CANCELLED. I T IS HEREBY ORDERED, ADJUDGED, AND DECREED that the decision of the 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 4/13/15. (JWD)

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

Defendant.

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Case No. 4:14-CV-1308-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. 27). Plaintiff has filed a response stating that she has no objection to the
motion. (Doc. 28). The parties have consented to the jurisdiction of the undersigned United States
Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1). (Doc. 6).
On July 25, 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 September 29, 2014. (Docs. 10 & 11). The parties subsequently filed briefs in the case. (Docs.
14, 19, 22, 25).
On March 31, 2015, 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 she states that upon
receipt of the Court’s remand order, the Appeals Council will remand this case to the ALJ. The
Commissioner requests remand “to obtain supplemental evidence from a vocational expert to
clarify the effect of the assessed limitations on Plaintiff’s ability to perform her past relevant work,
or other work in the national economy, specifically addressing any conflicts between such
evidence and the Dictionary of Occupational Titles.”
Upon review of the parties’ briefs and the ALJ’s decision, the Court agrees with the parties
that this case should be reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g).
Accordingly,
IT IS HEREBY ORDERED that the Commissioner’s Motion to Reverse and Remand
(Doc. 27) is GRANTED.
IT IS FURTHER ORDERED that the oral argument scheduled in this case for Friday,
June 5, 2015, at 9:30 a.m., is CANCELLED.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the decision of the
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 13th day of April, 2015.

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