Hanson v. Social Security Administration Commissioner, No. 4:2019cv04074 - Document 21 (W.D. Ark. 2020)

Court Description: MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on May 12, 2020. (mll)
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Hanson v. Social Security Administration Commissioner Doc. 21 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION PERRY R. HANSON vs. PLAINTIFF Civil No. 4:19-cv-04074 ANDREW SAUL, Commissioner, Social Security Administration DEFENDANT MEMORANDUM OPINION On May 11, 2020, Defendant filed an Unopposed Motion to Remand. ECF No. 20. The motion states Plaintiff has no objections. Id. 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. 11. 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. Specifically, Defendant requests the ALJ obtain further vocational expert testimony based on a hypothetical question that correctly states the claimant’s age; further consider the claimant’s symptoms in accordance with SSR 16-3p; further consider the claimant’s mental residual functional capacity; offer the claimant the opportunity for a hearing; take any further action needed to complete the administrative record, and issue a new decision. ECF No. 20. This Court finds this motion is well-taken and should be granted. The Commissioner’s decision is reversed, and this matter is hereby remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. Plaintiff may still, however, file a motion for attorney’s fees pursuant -1- Dockets.Justia.com 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 12th day of May 2020. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE -2-