STEPHEN N. LIMBAUGH, JR., District Judge.
Presently before the Court is the Government's unopposed Motion to Remand (#15). The Government has indicated that the appropriate action in this case should be the reversal of the decision of the Commissioner and the remand of the case for further proceedings pursuant to 42 U.S.C. § 405(g).
There are two methods under 42 U.S.C. § 405(g) for which this Court may remand a case back to an Administrative Law Judge (ALJ) for further proceedings. See Shalala v. Schaefer, 509 U.S. 292, 296 (1993). The first method, a sentence four remand, provides 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. 42 U.S.C. § 405(g). The second method, a sentence six remand, provides that "[t]he court may, on motion of the Commissioner of Social Security made for good cause shown before the Commissioner files the Commissioner's answer, remand the case to the Commissioner of Social Security for further action by the Commissioner of Social Security, and it may at any time order additional evidence to be taken before the Commissioner of Social Security, but only upon a showing that there is new evidence which is material and that there is good cause for the failure to incorporate such evidence into the record in a prior proceeding." Id. Notably, a sentence six remand is inappropriate where the Government has already answered the complaint. Buckner v. Apfel, 213 F.3d 1006, 1010 (8th Cir. 2000).
The Government, having already answered Plaintiff's complaint, seeks a sentence four remand. (#15, P. 2). In remanding the case, the Government also seeks a reversal of the Commissioner's decision. (Id.). The Government represents that reversal and remand of the Commissioner's decision is necessary to further evaluate the evidence regarding Plaintiff's residual pain and specific limitations, if any, in her residual functional capacity. (Id. at P. 1). While Plaintiff neither specifically agreed with nor challenged the Government's Motion to Remand, a review of Plaintiff's Brief in Support of the Complaint reveals that Plaintiff's concerns mirror those raised by the Government—namely that the ALJ failed to appropriately consider Plaintiff's pain and failed to appropriately consider any specific limitations as to Plaintiff's residual functional capacity. (#10, P. 12-14). In fact, Plaintiff likewise asks that the case be remanded and reversed. (#10, P. 13-14).
Despite the parties' agreement as to the appropriate disposition of this case, there is some question whether this Court must take, for itself, an in-depth review of the record in first reversing the Commissioner's decision so as to make remand possible.
For the foregoing reasons, this Court will enter a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure reversing the decision of the ALJ and remanding this case to the Commissioner under sentence four of 42 U.S.C. § 405(g).
Accordingly,
So ordered.