Smith v. Social Security Administration Commissioner, No. 2:2017cv02014 - Document 12 (W.D. Ark. 2017)
Court Description: MEMORANDUM OPINION. Signed by Honorable Mark E. Ford on April 26, 2017. (mjm)
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Smith v. Social Security Administration Commissioner Doc. 12 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION REBECCA D. SMITH v. PLAINTIFF CIVIL NO. 2:17-cv-2014-MEF NANCY A. BERRYHILL, Acting Commissioner Social Security Administration1 DEFENDANT MEMORANDUM OPINION Rebecca Smith, Plaintiff, brings this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) denying her application for disability insurance benefits (“DIB). ECF No. 1. This matter is presently before the undersigned by consent of the parties. ECF No. 5. The Commissioner filed an answer to Plaintiff’s action on April 3, 2017, asserting that the findings of the Commissioner were supported by substantial evidence and were conclusive. ECF No. 9. On April 25, 2017, having changed positions, the Commissioner filed a motion requesting that Plaintiff’s case be remanded 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 42 U.S.C. § 405(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 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 1 Dockets.Justia.com 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.” 42 U.S.C. § 405(g); Shalala v. Schaefer, 509 U.S. 292, 296 (1993). Here, we find remand is appropriate to allow the Defendants to conduct further administrative proceedings regarding this matter. Therefore, the Commissioner’s motion to remand is hereby GRANTED and the case remanded to the Commissioner for further administrative action pursuant to “sentence four” of section 405(g). DATED this 26th day of April, 2017. /s/ Mark E. Ford HONORABLE MARK E. FORD UNITED STATES MAGISTRATE JUDGE 2
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