Hayden v. Berryhill

Filing 14

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Commissioner's Motion to Reverse and Remand (Doc. 12) is GRANTED. The Court will enter a separate judgment consistent with this Memorandum and Order.. Signed by Magistrate Judge Shirley Padmore Mensah on 1/17/18. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MELISSA Y. HAYDEN,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security

Defendant.

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Case No. 4:17-CV-2618-SPM

MEMORANDUM AND ORDER
This case is before the Court on Acting Commissioner Nancy A. Berryhill’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. 12). Plaintiff has filed a response stating that she has no objection to the
motion. (Doc. 13). The parties have consented to the jurisdiction of the undersigned United States
Magistrate Judge pursuant to 28 U.S.C.§ 636(c)(1). (Doc. 8).
On October 24, 2017, 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 January 2, 2018. (Docs. 10 & 11).
On January 16, 2018, 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 upon review of the record, the Commissioner determined that remand was needed to
provide the ALJ an opportunity to reassess Plaintiff’s mental functioning, reevaluate her residual
functional capacity (RFC), and obtain vocational expert testimony. Plaintiff has no objection to
the Commissioner’s motion.
Upon review of 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. 12) is GRANTED. The Court will enter a separate judgment consistent with this
Memorandum and Order.

SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 17th day of January, 2018.

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