Fendler v. Kijakazi

Filing 17

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the Commissioner's Motion to Reverse and Remand, Doc. 15 , is GRANTED. IT IS FURTHER ORDERED that the decision of the Commissioner is REVERSED and that pursuant to sentence four of 42 U.S.C. § 405(g), this case is REMANDED to the Commissioner for further consideration. A separate Judgment shall accompany this Memorandum and Order. Signed by District Judge Matthew T. Schelp on 08/02/2022. (KCD)

Case: 4:21-cv-01482-MTS Doc. #: 17 Filed: 08/02/22 Page: 1 of 2 PageID #: 1384

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LYNN FENDLER,

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Plaintiff,
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vs.
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KILOLO KIJAKAZI, Acting Commissioner of )
the Social Security Administration,
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Defendant.
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No. 4:21-cv-1482-MTS

MEMORANDUM AND ORDER
This matter is before the Court on the Commissioner’s Motion to Reverse and Remand this
case for further administrative action pursuant to sentence four of section 205(g) of the Social
Security Act, 42 U.S.C. § 405(g). Doc. [15]. The Court has jurisdiction over the subject matter
of this action under § 405(g). Plaintiff Lynn Fendler has responded stating she has no objection
to Defendant’s Motion. Doc. [16].
Plaintiff filed a Complaint and supporting Brief seeking review of the Commissioner’s
decision that Plaintiff was not under a disability within the meaning of the Social Security Act.
Docs. [1], [14]. In response, the Commissioner filed the instant Motion to Reverse and Remand
this case 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, remand is necessary for the Commissioner “to update the record, hold a new
hearing as the claimant remains insured, and issue a new decision.” Doc. [15] at 1. The

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Case: 4:21-cv-01482-MTS Doc. #: 17 Filed: 08/02/22 Page: 2 of 2 PageID #: 1385

Commissioner asserts “the necessity for remand was not discovered until the case reached
Defendant’s legal counsel.” Id.
Upon review of Plaintiff’s brief in support of her complaint, the ALJ’s decision, and the
Commissioner’s motion, the Court agrees with the Commissioner that this case should be reversed
and remanded pursuant to sentence four of section 205(g) of the Social Security Act, 42 U.S.C. §
405(g), for further evaluation of Plaintiff’s claims.
Accordingly,
IT IS HEREBY ORDERED that the Commissioner’s Motion to Reverse and Remand,
Doc. [15], is GRANTED.
IT IS FURTHER ORDERED that the decision of the Commissioner is REVERSED and
that pursuant to sentence four of 42 U.S.C. § 405(g), this case is REMANDED to the
Commissioner for further consideration.
A separate Judgment shall accompany this Memorandum and Order.
Dated this 2nd day of August 2022.

MATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE

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