Johnson v. Colvin

Filing 23

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Reverse and Remand (Doc. 21) is GRANTED. IT IS FURTHER ORDERED that the decision of the Commissioner be reversed and this cause be remanded to the Commissioner for further pro ceedings pursuant to sentence four of 42 U.S.C. ' 405(g) for those reasons set forth in this Memorandum and Order. A separate writtenJudgment will be entered in favor of the Plaintiff and against the Defendant. Signed by Magistrate Judge Abbie Crites-Leoni on 9/16/2016. (JMC)

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

Defendant.

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Case No. 4:16CV00329ACL

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 benefits under the Social Security Act. Currently pending is
Defendant=s Motion to Reverse and Remand. (Doc. 21.) Plaintiff has filed a Response. (Doc.
22.)
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 determined that remand was necessary for further evaluation of Plaintiff’s claim.
Defendant states that remand is needed to provide the ALJ an opportunity to take additional
vocational expert testimony to resolve any apparent conflicts between the vocational expert’s
testimony and the Dictionary of Occupational Titles, including Plaintiff’s use of an assistive
handheld device, as required under Social Security Ruling 00-4p.
In her Response, Plaintiff states that she has no objection to Defendant’s Motion to
Remand. (Doc. 22.)

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 to Reverse and Remand (Doc. 21)
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 16th day of September, 2016.

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