Long v. Berryhill

Filing 18

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Reverse and Remand (Doc. 16 ) is GRANTED. IT IS FURTHER 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 6/18/2018. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DUANE LONG,
Plaintiff,
v.
NANCY A. BERRYHILL,
Deputy Commissioner of Operations,
Social Security Administration,

Defendant.

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)Case No. 4:17-CV-2710-SPM
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MEMORANDUM AND ORDER
This case is before the Court on the Motion to Reverse and Remand filed by Nancy A.
Berryhill, Deputy Commissioner of Operations, Social Security Administration (“Defendant”).
(Doc. 16). Defendant requests that the Court remand the case to Defendant for further
administrative action pursuant to sentence four of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g). Plaintiff has filed a response stating that he has no objection to the motion. (Doc.
17). The parties have consented to the jurisdiction of the undersigned United States Magistrate
Judge pursuant to 28 U.S.C.§ 636(c)(1). (Doc. 5).
On November 13, 2017, Plaintiff filed a Complaint seeking review of Defendant’s decision
that Plaintiff was not disabled within the meaning of the Social Security Act. (Doc. 1). Defendant
filed her answer and the transcript of the administrative proceedings on February 8, 2018. (Docs.
9, 10). Plaintiff filed a brief in support of the complaint on March 12, 2018. (Doc. 11).
On June 8, 2018, Defendant filed the instant motion to reverse and remand the case to
Defendant 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). Defendant represents in her motion remand is
necessary so that the agency can further consider Plaintiff’s borderline age. She states that upon
remand, the Appeals Council will determine whether the record supports a finding of disability
prior to March 31, 2015. She further states that if the case requires further development, the
Appeals Council will remand the case to an Administrative Law Judge to consider the borderline
age situation and obtain supplemental evidence from a vocational expert to clarify the effect of the
assessed limitations in Plaintiff’s occupational base, consistent with Social Security Ruling 00-4p.
Upon review of the parties’ submissions, 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 Defendant’s Motion to Reverse and Remand (Doc. 16)
is GRANTED.
IT IS FURTHER 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.

SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 18th day of June, 2018.

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