Izquierdo v. Colvin

Filing 21

MEMORANDUM AND ORDER re: 19 MOTION to Remand Case to Social Security Administration filed by Defendant Carolyn W. Colvin, 14 SOCIAL SECURITY BRIEF re 1 Complaint (Social Security) filed by Plaintiff Lori A. Izquierdo. IT IS HERE BY ORDERED that Defendant's Motion for Voluntary Remand (Doc. 19) is GRANTED. IT IS FURTHER ORDERED that the decision of the Commissioner be reversed and this cause be remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. 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 Abbie Crites-Leoni on 10/1/15. (CSG)

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

Defendant.

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Case No. 4:15CV573 ACL

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 under Title XVI of the Act. Currently pending is
Defendant=s Motion for Voluntary Remand. (Doc. 19.) Plaintiff has filed a Response.
(Doc. 20.)
In her motion, Defendant requests that the Court reverse the decision of the administrative
law judge (“ALJ”), and remand this action to the Commissioner pursuant to sentence four of 42
U.S.C. ' 405(g). Defendant states that, after careful review of the above-captioned case, agency
counsel requested that the Appeals Council of the Social Security Administration consider the
narrative statement supporting the limitations included in Plaintiff’s residual functional capacity
(“RFC”). Defendant indicates that, upon review, the Appeals Council determined that remand
was appropriate. Defendant states that, upon receipt of the Court’s remand order, the Appeals
Council will remand this case to an ALJ with instructions to formulate Plaintiff’s RFC based on all
of the credible evidence of record, and to provide a narrative statement supporting the limitations
included in the RFC.

In her Response, Plaintiff states that she has no objection to Defendant’s Motion to
Remand. (Doc. 20.)
Sentence four of 42 U.S.C. § 405(g) states 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.” 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 for Voluntary Remand (Doc. 19) is
GRANTED.
IT IS FURTHER ORDERED that the decision of the Commissioner be reversed and this
cause be remanded to the Commissioner for further proceedings pursuant to sentence four of 42
U.S.C. ' 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.

ABBIE CRITES-LEONI
UNITED STATES MAGISTRATE JUDGE
Dated this 1st day of October, 2015.

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