United States District Court for the Eastern District of Arkansas, 2021

Weathers v. Social Security Administration

Weathers v. Social Security Administration
United States District Court for the Eastern District of Arkansas · Decided October 13, 2021
Weathers v. Social Security Administration

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

CENTRAL DIVISION

JUDY FAYE WEATHERS PLAINTIFF V. No. 4:21-CV-132-KGB-JTR

KILOLO KIJAKAZI, Commissioner

Social Security Administration1 DEFENDANT ORDER

Plaintiff, Judy Faye Weathers, 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. 16. The Motion states that Weathers does not oppose the requested reversal and remand. Id. at 1. Under the circumstances, remand is appropriate.

Accordingly, the Commissioner’s Unopposed Motion to Reverse and Remand, Doc. 16, 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 13" day of October, 2021.

UNITED STAT AGISTRATE JUDGE

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