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

DUSTIN JOHNSON PLAINTIFF

v. CIVIL NO. 24-5236

LELAND DUDEK,1 Acting Commissioner Social Security Administration DEFENDANT

MEMORANDUM OPINION Plaintiff, Dustin Johnson, brings this action pursuant to

(g) seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) denying his applications for a period of disability and disability insurance benefits (DIB) and supplemental security income (SSI) benefits under the provisions of Titles II and XVI of the Social Security Act (Act). (ECF No. 2). The Defendant filed the administrative transcript on January 13, 2025. (ECF No. 7). On February 28, 2025, 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. 11). 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

1 Leland Dudek, has been appointed to serve as Acting Commissioner of the Social Security Administration, and is substituted as Defendant pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure. 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). Based on the foregoing, the Court finds appropriate remand for further administrative action pursuant to "sentence four" of section 405(g). DATED this 28th day of February 2025.

/s/_( Aastty Comatock CHRISTY COMSTOCK UNITED STATES MAGISTRATE JUDGE