Tubberville v. Social Security Administration Commissioner, No. 6:2022cv06028 - Document 23 (W.D. Ark. 2022)
Court Description: MEMORANDUM OPINION. Signed by Honorable Christy D. Comstock on August 30, 2022. (bjb)
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Tubberville v. Social Security Administration Commissioner Doc. 23 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION CHRISTOPHER TUBBERVILLE v. PLAINTIFF CIVIL NO. 22-6028 KILOLO KIJAKAZI, Acting Commissioner Social Security Administration DEFENDANT MEMORANDUM OPINION Plaintiff, Christopher Tubberville, 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 his application for a period of disability and disability insurance benefits (DIB) and supplemental security income (SSI) benefits under the provisions of Titles II and XVI of the Social Security Act (Act). (ECF No. 2). The Defendant filed an Answer to Plaintiff's action on May 13, 2022, asserting that the findings of the Commissioner were supported by substantial evidence and were conclusive. (ECF No. 12). On August 29, 2022, the Commissioner, having changed positions, filed an unopposed 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. 21). 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 of the statute provides that "[t]he court shall have power to enter, upon the pleadings and transcript 1 Dockets.Justia.com 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, the Court finds appropriate remand for the purpose of the ALJ to further evaluate the evidence. Based on the foregoing, the Court finds remand appropriate and GRANTS the Commissioner's unopposed motion to remand this case to the Commissioner for further administrative action pursuant to "sentence four" of section 405(g). DATED this 30th day of August 2022. /s/_________________________________ HON. CHRISTY COMSTOCK UNITED STATES MAGISTRATE JUDGE 2
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