Elliott v. Social Security Administration

United States District Court for the Eastern District of Arkansas

Elliott v. Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION MITCHELL ELLIOTT ** * Plaintiff, ** Vv. ** No. 3:20-cv-00355-JJV * 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

Reference

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