McGarity v. Social Security Administration
McGarity v. Social Security Administration
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION MELANIE McGARITY, * Plaintiff, * v. * No. 4:20cv00248-BRW-JIV ANDREW SAUL, Commissioner, * Social Security Administration, * Defendant. * ORDER AND JUDGMENT Defendant filed an unopposed Motion to Remand this case (Doc. No. 16) 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 to conduct further proceedings and states opposing counsel has 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). SO ORDERED this 5th day of November 2020. \_\} JOE \ OVP —--___— WNITED STATES MAGISTRATE JUDGE
Reference
- Status
- Unknown