Roberson v. Social Security Administration Commissioner, No. 4:2012cv04043 - Document 10 (W.D. Ark. 2012)

Court Description: MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on August 1, 2012. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION DEMETRIA ROBERSON on behalf of R. R. vs. PLAINTIFF Civil No. 4:12-cv-04043 MICHAEL J. ASTRUE, Commissioner, Social Security Administration DEFENDANT MEMORANDUM OPINION On July 18, 2012, Defendant filed a Motion to Remand. ECF No. 8.1 Plaintiff responded to this Motion and has no objections. ECF No. 9. The parties have consented to the jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including conducting the trial, ordering the entry of a final judgment, and conducting all post-judgment proceedings. ECF No. 5. Pursuant to this authority, the Court issues this memorandum opinion and orders the entry of a final judgment in this matter. Defendant requests a remand so the Commissioner may conduct further administrative proceedings and further evaluate Plaintiff s disability status. Specifically, Defendant requests the case be remanded to an ALJ for evaluation of additional medical evidence, including evidence from Temple Memorial Rehabilitation Center, Vista Health, a psychiatric evaluation from Karen J. Reinertsen, M.D., and progress notes from an advanced nurse practitioner (APN). This Court finds this motion is well-taken and should be granted. The Commissioner s 1 The docket numbers for this case are referenced by the designation ECF No. The transcript pages for this case are referenced by the designation Tr. 1 decision is reversed, and this matter is hereby remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. In addition, the undersigned finds the Plaintiff s Complaint should be and hereby is dismissed without prejudice. Plaintiff may still, however, file a motion for attorney s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. A judgment incorporating these findings will be entered pursuant to Federal Rules of Civil Procedure 52 and 58. ENTERED this 1st day of August 2012. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE 2

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