IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION

JUSTIN W. MADEWELL PLAINTIFF

v. CIVIL NO. 5:22-cv-05133-TLB-MEF

KILOLO KIJAKAZI, Acting Commissioner, Social Security Administration DEFENDANT

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Justin Madewell, Plaintiff, brings this action pursuant to

(g) seeking judicial review of a decision of the Commissioner of the Social Security Administration (“Commissioner”) denying his application for disability benefits. (ECF No. 2). The Commissioner filed an answer to Plaintiff’s action on September 23, 2022, asserting that the findings of the Commissioner were supported by substantial evidence and were conclusive. (ECF No. 8). On November 23, 2022, having changed positions, the Commissioner filed an unopposed motion requesting that Plaintiff’s case be remanded pursuant to “sentence four” of section 405(g) to allow further administrative proceedings. (ECF Nos. 14, 15). The exclusive methods by which a district court may remand a social security case to the Commissioner are set forth in “sentence four” and “sentence six” of

(g). A remand pursuant to “sentence six” is limited to two situations: where the Commissioner requests a remand before answering the complaint, or where the court orders the Commissioner to consider new, material evidence that was for good cause not presented before the agency. The Fourth sentence of the statute provides that “[t]he court shall have 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.”

(g); Shalala v. Schaefer,

(1993). Here, we find remand is appropriate to allow the Defendant to conduct further administrative proceedings regarding this matter. Therefore, we recommend granting the Commissioner’s motion to remand and remanding the case to the Commissioner for further administrative action pursuant to “sentence four” of section 405(g). The parties have fourteen (14) days from receipt of our report and recommendation

in which to file written objections pursuant to

(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. DATED this 28th day of November 2022. /s/ Mark E. Ford HON. MARK E. FORD CHIEF UNITED STATES MAGISTRATE JUDGE