Cauley v. Saul

Filing 31

MEMORANDUM AND ORDER re: 24 SOCIAL SECURITY BRIEF re 1 Complaint (Social Security), filed by Plaintiff Pamela D. Cauley, 29 MOTION to Remand Case to Social Security Administration filed by Defendant Kilolo Kijakazi. IT IS HEREBY ORDERED that Defendant's Motion to Reverse and Remand (Doc. 29) 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. Signed by Magistrate Judge Abbie Crites-Leoni on 11/19/21. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PAMELA D. CAULEY,
Plaintiff,
vs.
KILOLO KIJAKAZI,
Commissioner of Social Security
Defendant.

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Case No. 4:20 CV1588 ACL

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. 29.) Plaintiff has filed a Response to
Defendant’s Motion. (Doc. 30.)
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 abovecaptioned case, agency counsel determined that remand was necessary for further evaluation of
Plaintiff’s claim. Defendant indicates that, upon receipt of the Court’s remand order, the agency
will take further action to complete the administrative record, re-assess Plaintiff’s RFC, and issue
a new decision.
In her Response, Plaintiff states that she has no objection to Defendant’s Motion.
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

-2 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. 29)
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 19th day of November, 2021.