PARSONS v. COLVIN, 4:14CV00019 JTR. (2014)
Court: District Court, E.D. Arkansas
Number: infdco20140714697
Visitors: 1
Filed: Jul. 11, 2014
Latest Update: Jul. 11, 2014
Summary: ORDER J. THOMAS RAY, Magistrate Judge. Plaintiff seeks judicial review of the administrative denial of his claim for Disability Insurance Benefits and Supplemental Security Income. Doc. #2. The Commissioner has filed an Unopposed Motion to Remand, asserting that the case should be reversed and remanded for further administrative proceedings, pursuant to the fourth sentence of 42 U.S.C. 405(g). Doc. #14. The Motion states Plaintiff's counsel was contacted and has no objection to the requ
Summary: ORDER J. THOMAS RAY, Magistrate Judge. Plaintiff seeks judicial review of the administrative denial of his claim for Disability Insurance Benefits and Supplemental Security Income. Doc. #2. The Commissioner has filed an Unopposed Motion to Remand, asserting that the case should be reversed and remanded for further administrative proceedings, pursuant to the fourth sentence of 42 U.S.C. 405(g). Doc. #14. The Motion states Plaintiff's counsel was contacted and has no objection to the reque..
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ORDER
J. THOMAS RAY, Magistrate Judge.
Plaintiff seeks judicial review of the administrative denial of his claim for Disability Insurance Benefits and Supplemental Security Income. Doc. #2. The Commissioner has filed an Unopposed Motion to Remand, asserting that the case should be reversed and remanded for further administrative proceedings, pursuant to the fourth sentence of 42 U.S.C. § 405(g). Doc. #14. The Motion states Plaintiff's counsel was contacted and has no objection to the requested remand. Id. at 1.
In the Motion, the Commissioner seeks voluntary remand for the Administrative Law Judge to hold a supplemental hearing and issue a new decision. Specifically, the Commissioner requests remand for the ALJ: (1) to obtain supplemental vocational evidence; and (2) before relying on any vocational expert evidence, to identify and resolve any conflicts between the expert's evidence and information in the Dictionary of Occupational Titles, as required by Social Security Ruling 00-4p. Under the circumstances, remand is appropriate.
IT IS THEREFORE ORDERED THAT the Commissioner's Unopposed Motion to 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).
Source: Leagle
