Hinkle v. Social Security Administration
Hinkle v. Social Security Administration
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION DAWN HINKLE ** * Plaintiff, ** Vv. ** No. 4:20-cv-01214-JJV * KILOLO KIJAKAZI, ** Acting Commissioner, ** Social Security Administration, ** * Defendant. ** ORDER AND JUDGMENT Defendant filed a Motion to Remand this case (Doc. No. 17) pursuant to sentence four of 42 US.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 was contacted but did not respond before the time the Motion was filed. Even assuming Plaintiff's Counsel objects, under the circumstances, I find 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 11th day of August 2021. \ i \ JO rt \ OPP ke / NO —-~ — WNITED STATES MAGISTRATE JUDGE
Reference
- Status
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