Marut v. Kijakazi
MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that the Commissioner's Motion to Reverse and Remand (Doc. 22 ) 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 8/1/2022. (HMA)
Case: 4:21-cv-01349-SPM Doc. #: 25 Filed: 08/01/22 Page: 1 of 2 PageID #: 1807
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
Acting Commissioner of Social Security,
Case No. 4:21-CV-1349-SPM
MEMORANDUM AND ORDER
This case is before the Court on Acting Commissioner Kilolo Kijakazi’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. 22). Plaintiff has filed a response stating that she has no objection to the
motion. (Doc. 25). The parties have consented to the jurisdiction of the undersigned United States
Magistrate Judge pursuant to 28 U.S.C.§ 636(c)(1). (Doc. 7).
On November 15, 2021, 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 the transcript of the administrative proceedings on March 2,
2022. (Doc. 12). Plaintiff filed a brief in support of the complaint on July 15, 2022. (Doc. 21).
On July 19, 2022, 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
Case: 4:21-cv-01349-SPM Doc. #: 25 Filed: 08/01/22 Page: 2 of 2 PageID #: 1808
remanding the cause for a rehearing.” 42 U.S.C. § 405(g). The Commissioner represents in her
motion that upon review of the record, agency counsel determined that remand was necessary for
further evaluation of Plaintiff’s claim. The Commissioner states that “On remand, the agency will
properly evaluate Plaintiff’s complex regional pain syndrome and other impairments at step two
and beyond; further evaluate the medical opinion evidence and prior administrative medical
findings; formulate a well-reasoned residual functional capacity finding with citations to
supporting evidence; offer Plaintiff the opportunity for a hearing; take further action to complete
the administrative record as necessary; and issue a new decision.”
After review, 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. 22) 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
SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 1st day of August, 2022.
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