Elliott v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

MITCHELL ELLIOTT **

*

Plaintiff, **

Vv. ** No. 3:20-cv-00355-JJV

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KILOLO KIJAKAZI, ** Acting Commissioner, ** Social Security Administration, **

*

Defendant. **

ORDER AND JUDGMENT

Defendant filed an unopposed Motion to Remand this case (Doc. No. 15) 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 vy. Sullivan, 501 U.S. 89 (1991).

SO ORDERED this 10th day of August 2021.

\ i \ JO rt \ OPP ke / NO —-~ — WNITED STATES MAGISTRATE JUDGE