Couch v. Social Security Administration Commissioner, No. 6:2008cv06101 - Document 11 (W.D. Ark. 2009)

Court Description: MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on April 8, 2009. (dmc)
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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION JERRY COUCH vs. PLAINTIFF Civil No. 6:08-cv-06101 MICHAEL J. ASTRUE, Commissioner, Social Security Administration DEFENDANT MEMORANDUM OPINION On March 18, 2009, Defendant filed a Motion to Remand. (Doc. No. 10).1 Plaintiff has not responded to 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 reassess Plaintiff s residual functional capacity (RFC) and reevaluate the effect of any nonexertional limitations on Plaintiff s RFC. Defendant also requests the ALJ obtain vocational expert testimony on the impact of Plaintiff s limitations on his ability to perform other work available in the national economy. 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 Doc. 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. This Court directs the ALJ to reassess Plaintiff s RFC and reevaluate the effect of any nonexertional limitations on Plaintiff s RFC. The ALJ will also obtain vocational expert testimony on the impact of Plaintiff s limitations on his ability to perform other work available in the national economy. A judgment incorporating these findings will be entered pursuant to Federal Rules of Civil Procedure 52 and 58. ENTERED this 8th day of April, 2009. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE 2