Rusan v. Colvin

Filing 17

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Commissioners Motion to Reverse and Remand (Doc. 16 ) 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 order. Signed by Magistrate Judge Shirley P. Mensah on 3/3/16. (KJS)

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

Defendant.

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Case No. 4:15-CV-1695-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. 16). As of the date of this order, Plaintiff has not filed any opposition 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 November 11, 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 on January 21, 2016, and the transcript of the
administrative proceedings on January 22, 2016. (Docs. 12 & 14). Plaintiff has not yet filed a brief
in support of the complaint.
On February 3, 2016, 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 states in her motion 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 update the record as necessary, evaluate the potential
borderline age situation in accordance with HALLEX II-5-3-2, and, if warranted, obtain evidence
from a vocational expert.” Doc. 16, at 1.
Upon review of Plaintiff’s Complaint, the ALJ’s decision, and the Commissioner’s
motion, the Court agrees with Defendant 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. 16) 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 order.

SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 3rd day of March, 2016.

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