Durand v. Social Security Administration

United States District Court for the Eastern District of Arkansas

Durand v. Social Security Administration

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

STEVEN D. DURAND PLAINTIFF

V. NO. 4:18-CV-00727-JTR

ANDREW SAUL,1 Commissioner of Social Security DEFENDANT

ORDER

Plaintiff, Steven D. Durand, seeks judicial review of the administrative denial of his claim for disability insurance benefits. Doc. 2. The Commissioner has filed an Unopposed Motion to Reverse and Remand for further administrative proceedings, pursuant to the fourth sentence of

42 U.S.C. § 405

(g). Doc. 14. The Motion states that Durand’s counsel was contacted and has no objection to the requested remand.

Id.

Under the circumstances, remand is appropriate. Accordingly, the Commissioner’s Unopposed Motion to Reverse and 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).

1On June 6, 2019, the Senate confirmed Mr. Saul’s nomination to lead the Social Security Administration. Pursuant to Fed. R. Civ. P. 25(d), Mr. Saul is automatically substituted as the Defendant. IT IS SO ORDERED this 19" day of June, 2019.

UNITED STATES MAGISTRATE JUDGE

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