Alford v. Social Security Administration

United States District Court for the Eastern District of Arkansas

Alford v. Social Security Administration

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

JOHN DALE ALFORD PLAINTIFF

v. No. 4:21-cv-00317-BRW-JTR

KILOLO KIJAKAZI, Acting Commissioner Social Security Administration1 DEFENDANT

ORDER

Plaintiff, John Dale Alford, seeks judicial review of the administrative denial of his claim for disability insurance benefits and supplemental security income. Doc. 1. The Commissioner has filed an Unopposed Motion to Reverse and Remand for further administrative proceedings, pursuant to the fourth sentence of

42 U.S.C. § 405

(g). Doc. 12. The Motion states that Alford’s counsel has no objection to 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. 12, is GRANTED. The Commissioner’s prior decision is REVERSED and this matter is REMANDED for further administrative proceedings

1On July 9, 2021, Kilolo Kijakazi became the Acting Commissioner of the Social Security Administration and is substituted for Andrew Saul as defendant in this action. See Fed. R. Civ. P. 25(d). 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). IT IS SO ORDERED this 16th day of February, 2022.

STATES MAGISTRATE JUDGE

Reference

Status
Unknown