Pemberton v. Social Security Administration

United States District Court for the Eastern District of Arkansas

Pemberton v. Social Security Administration

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

ANGELA PEMBERTON PLAINTIFF

V. No. 4:20-CV-1212-JTR

KILOLO KIJAKAZI, Commissioner Social Security Administration1 DEFENDANT

ORDER Plaintiff, Angela Pemberton, seeks judicial review of the administrative denial of her claims for disability insurance benefits. Doc. 2. The Commissioner has filed an Unopposed Motion to Reverse and Remand for Further Administrative Proceedings Pursuant to Sentence Four of

42 U.S.C. § 405

(g). Doc. 22. The Motion states that Pemberton’s counsel does not oppose the requested reversal and remand.

Id. at 2

. Under the circumstances, remand is appropriate. Accordingly, the Commissioner’s Unopposed Motion to Reverse and Remand, Doc. 22, 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).

1 On July 9, 2021, Kilolo Kijakazi became the Acting Commissioner of the Social Security Administration and is substituted as the Defendant in this action. Fed. R. Civ. P. 25(d). SO ORDERED, this 5th day of October, 2021.

ay STATES TA STRATE JUDGE

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