Knighten v. Social Security Administration, 3:17CV00207-SWW-JJV. (2018)
Court: District Court, E.D. Arkansas
Number: infdco20180119468
Visitors: 4
Filed: Jan. 18, 2018
Latest Update: Jan. 18, 2018
Summary: ORDER SUSAN WEBBER WRIGHT , District Judge . Defendant has filed a Motion to Remand this case pursuant to sentence four of 42 U.S.C. 405(g) (1995): The court shall have the 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 rehearing. The Commissioner seeks remand for further development of the record and to issue a new decision. Defe
Summary: ORDER SUSAN WEBBER WRIGHT , District Judge . Defendant has filed a Motion to Remand this case pursuant to sentence four of 42 U.S.C. 405(g) (1995): The court shall have the 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 rehearing. The Commissioner seeks remand for further development of the record and to issue a new decision. Defen..
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ORDER
SUSAN WEBBER WRIGHT, District Judge.
Defendant has filed a Motion to Remand this case pursuant to sentence four of 42 U.S.C. § 405(g) (1995):
The court shall have the 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 rehearing.
The Commissioner seeks remand for further development of the record and to issue a new decision. Defendant states that Plaintiff's attorney was contacted and stated that he had no objection to the requested remand. Under the circumstances, a sentence four remand is appropriate. Buckner v. Apfel, 213 F.3d 1006, 1010-11 (8th Cir. 2000).
Accordingly, the Commissioner's decision is reversed and remanded for action consistent with this opinion. 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).
Source: Leagle
