TOWNSEND v. ASTRUE, 3:11-cv-00300-JJV. (2012)
Court: District Court, E.D. Arkansas
Number: infdco20120712740
Visitors: 3
Filed: Jul. 11, 2012
Latest Update: Jul. 11, 2012
Summary: ORDER JOE J. VOLPE, Magistrate 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 sta
Summary: ORDER JOE J. VOLPE, Magistrate 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 stat..
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ORDER
JOE J. VOLPE, Magistrate 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).
IT IS SO ORDERED.
Source: Leagle
