Rauch v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION JOHN RAUCH, II ** * Plaintiff, ** Vv. ** No. 4:24-cv-00108-JJV * MARTIN O’MALLEY, ** Commissioner, * Social Security Administration, ** * Defendant. ** ORDER AND JUDGMENT Defendant filed an unopposed Motion to Reverse and Remand this case (Doc. No. 10) pursuant to sentence four of 42 U.S.C. § 405(g) (1995): The court shall have the 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.

The Commissioner seeks remand to conduct further proceedings and states opposing counsel has no objection to the requested remand. Under the circumstances, a “sentence four” remand is appropriate. Buckner v. Apfel, 213 F.3d 1006, 1010-11 (8th Cir. 2000).

Accordingly, the Commissioner’s decision is reversed and remanded for action consistent with this opinion. This is a “sentence four” remand within the meaning of 42 U.S.C. § 405(g) and Melkonyan vy. Sullivan, 501 U.S. 89 (1991).

SO ORDERED this 5th day of June 2024.

\\ Joe J. Volpe ITED STATES MAGISTRATE JUDGE