Spinks v. Colvin

Filing 20

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Commissioner's Motion to Reverse and Remand (Doc. 18) is GRANTED. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 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 2/26/15. (LGK)

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

Defendant.

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Case No. 4:14-cv-1348-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. 18). Plaintiff has filed a response stating that he has no objection to the
motion. (Doc. 19). The parties have consented to the jurisdiction of the undersigned United States
Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1). (Doc. 9).
On August 1, 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 October 24, 2014. (Docs. 11, 12). Plaintiff filed a brief in support of the complaint on June 16,
2014. (Doc. 13).
On February 19, 2015, the Commissioner filed the instant motion to reverse and remand
the case to the Commissioner for further action under sentence four of 42 U.S.C. § 405(g), 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 after review
of the case, agency counsel requested that the Appeals Council of the Social Security
Administration reconsider the Commissioner’s decision. 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 offer the claimant an opportunity for a
hearing, and to obtain evidence from a vocational expert.”
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 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. 18) is GRANTED.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 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 26th day of February, 2015.

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