Durand v. Saul, 4:18-CV-00727-JTR. (2019)
Court: District Court, E.D. Arkansas
Number: infdco20190620794
Visitors: 4
Filed: Jun. 19, 2019
Latest Update: Jun. 19, 2019
Summary: ORDER J. THOMAS RAY , Magistrate Judge . Plaintiff, Steven D. Durand, seeks judicial review of the administrative denial of his claim for disability insurance benefits. Doc. 2. The Commissioner has filed an Unopposed Motion to Reverse and Remand for further administrative proceedings, pursuant to the fourth sentence of 42 U.S.C. 405(g). Doc. 14. The Motion states that Durand's counsel was contacted and has no objection to the requested remand. Id. Under the circumstances, remand is
Summary: ORDER J. THOMAS RAY , Magistrate Judge . Plaintiff, Steven D. Durand, seeks judicial review of the administrative denial of his claim for disability insurance benefits. Doc. 2. The Commissioner has filed an Unopposed Motion to Reverse and Remand for further administrative proceedings, pursuant to the fourth sentence of 42 U.S.C. 405(g). Doc. 14. The Motion states that Durand's counsel was contacted and has no objection to the requested remand. Id. Under the circumstances, remand is ..
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ORDER
J. THOMAS RAY, Magistrate Judge.
Plaintiff, Steven D. Durand, seeks judicial review of the administrative denial of his claim for disability insurance benefits. Doc. 2. The Commissioner has filed an Unopposed Motion to Reverse and Remand for further administrative proceedings, pursuant to the fourth sentence of 42 U.S.C. § 405(g). Doc. 14. The Motion states that Durand's counsel was contacted and has no objection to the requested remand. Id. Under the circumstances, remand is appropriate.
Accordingly, the Commissioner's Unopposed Motion to Reverse and Remand, Doc. 14, is GRANTED. The Commissioner's prior decision is REVERSED and this matter is REMANDED for further administrative proceedings and issuance of a new decision. This is a "sentence four" remand within the meaning of 42 U.S.C. § 405(g) and Melkonyan v. Sullivan, 501 U.S. 89 (1991).
FootNotes
1. On June 6, 2019, the Senate confirmed Mr. Saul's nomination to lead the Social Security Administration. Pursuant to Fed. R. Civ. P. 25(d), Mr. Saul is automatically substituted as the Defendant.
Source: Leagle
