McIntosh 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 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 Padmore Mensah on 5/26/16. (LGK)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
JOHN HENRY MCINTOSH,
CAROLYN W. COLVIN,
Acting Commissioner of Social Security
Case No. 4:15-cv-1540-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 any response to the motion. 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 October 7, 2015, 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 December 16, 2015. (Docs. 10 & 11). Plaintiff filed a brief in support of the complaint on
February 16, 2016. (Doc. 16).
On May 16, 2016, 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 remand is needed to provide the ALJ an opportunity to further evaluate Plaintiff’s
claim and determine whether he had any severe impairments.
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
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
SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 26th day of May, 2016.
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