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LAMPE v. COLVIN, 4:15CV01623SNLJ (ACL). (2016)

Court: District Court, E.D. Missouri Number: infdco20160819979 Visitors: 1
Filed: Jul. 25, 2016
Latest Update: Jul. 25, 2016
Summary: REPORT AND RECOMMENDATION ABBIE CRITES-LEONI , Magistrate Judge . This is an action under 42 U.S.C. 405(g) for judicial review of Defendant's final decision denying Plaintiff's application for benefits under the Social Security Act. Currently pending is Defendant's Motion to Reverse and Remand. (Doc.26.) Plaintiff has not filed a Response. In her motion, Defendant requests that the Court reverse the decision of the administrative law judge ("ALJ"), and remand this action to the Commissi
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REPORT AND RECOMMENDATION

This is an action under 42 U.S.C. § 405(g) for judicial review of Defendant's final decision denying Plaintiff's application for benefits under the Social Security Act. Currently pending is Defendant's Motion to Reverse and Remand. (Doc.26.) Plaintiff has not filed a Response.

In her motion, Defendant requests that the Court reverse the decision of the administrative law judge ("ALJ"), and remand this action to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). Defendant states that, after careful review of the record, remand is needed to provide the ALJ an opportunity to take vocational expert testimony resolving any conflict between the vocational expert's testimony and the Dictionary of Occupational Titles, including any apparent conflicts in reaching and handling.

Sentence four of 42 U.S.C. § 405(g) states that "[t]he court shall have 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." In order for the Court to properly remand a case to the Commissioner pursuant to sentence four, the Court must enter an order either affirming, modifying, or reversing the Commissioner's decision. See Brown v. Barnhart, 282 F.3d 580, 581 (8th Cir. 2002).

The undersigned believes that it is appropriate to reverse and remand this case in order to permit the Commissioner to take further action as requested in her motion.

Accordingly,

IT IS HEREBY RECOMMENDED that Defendant's Motion to Reverse and Remand (Doc. 26) be GRANTED.

IT IS FURTHER RECOMMENDED that the decision of the Commissioner be reversed and this cause be remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g) for those reasons set forth in this Report and Recommendation.

Source:  Leagle

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