Waldroup v. Social Security Administration Commissioner, No. 5:2009cv05013 - Document 12 (W.D. Ark. 2009)

Court Description: MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on July 7, 2009. (src) Modified on 7/9/2009 to modify date (src).
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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION PATRICIA WALDROUP o/b/o/ P.W.W., a minor vs. PLAINTIFF Civil No. 5:09-cv-05013 MICHAEL J. ASTRUE, Commissioner, Social Security Administration DEFENDANT MEMORANDUM OPINION On June 25, 2009, Defendant filed a Motion to Remand. (Doc. No. 11).1 Plaintiff does not oppose this motion. 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. (Doc. No. 4). 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 pursuant to sentence four of 42 U.S.C. § 405(g), so the Commissioner may conduct further administrative proceedings. Defendant seeks remand so the Administrative Law Judge (ALJ) may re-evaluate Plaintiff s functioning, considering all of the evidence of record in accordance with 20 C.F.R. §§ 416.924 through 416.926a, and SSRs 09-1p through 09-8p. 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. In addition, the undersigned finds the Plaintiff s Complaint should 1 The docket numbers for this case are referenced by the designation Doc. No. The transcript pages for this case are referenced by the designation Tr. 1 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. This Court directs the ALJ to re-evaluate Plaintiff s functioning, considering all of the evidence of record in accordance with 20 C.F.R. §§ 416.924 through 416.926a, and SSRs 09-1p through 09-8p. A judgment incorporating these findings will be entered pursuant to Federal Rules of Civil Procedure 52 and 58. ENTERED this 7th day of July, 2009. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE 2