Case 2:23-cv-02052-CDC Document 15 Filed 09/06/23 Page 1 of 2 PageID #: 1631

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMTH DIVISION

KENNETH E. HARRISON PLAINTIFF

v. CIVIL NO. 23-2052

KILOLO KIJAKAZI, Acting Commissioner Social Security Administration DEFENDANT

MEMORANDUM OPINION

Plaintiff, Kenneth E. Harrison, 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 a period of disability and disability insurance benefits

(DIB) under the provisions of Title II of the Social Security Act (Act). (ECF No. 3). The Defendant

filed an Answer to Plaintiff's action on June 12, 2023. (ECF No. 7).

On September 6, 2023, the Commissioner filed an unopposed motion to remand Plaintiff's

case pursuant to "sentence four" of section 405(g) in order to conduct further administrative

proceedings. (ECF No. 13).

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

1 Case 2:23-cv-02052-CDC Document 15 Filed 09/06/23 Page 2 of 2 PageID #: 1632

Social Security, with or without remanding the cause for a rehearing."

(g); Shalala

v. Schaefer,

(1993).

Based on the foregoing, the Court finds appropriate remand for further administrative

action pursuant to "sentence four" of section 405(g).

DATED this 6th day of September 2023.

/s/_________________________________ HON. CHRISTY COMSTOCK UNITED STATES MAGISTRATE JUDGE

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