Jackson v. Astrue, No. 4:2010cv01664 - Document 18 (E.D. Mo. 2011)

Court Description: MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Defendant's Motion to Reverse and Remand and for Entry of Final Judgment with Suggestions in Support (Doc. No. 17) be and it is granted. IT IS FURTHER ORDERED that the decision of the Commissione r be reversed and this cause be remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g) for those reasons set forth in this Memorandum and Order. A separate written judgment will be entered in favor of the plaintiff and against the defendant. Signed by Magistrate Judge Lewis M. Blanton on 3/15/2011. (JMC)
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Jackson v. Astrue Doc. 18 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION LEONARD JACKSON, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 4:10CV1664 LMB MEMORANDUM AND ORDER This is an action under 42 U.S.C. § 405(g) for judicial review of defendant’s final decision denying plaintiff’s application for Disability Insurance Benefits under Title II of the Social Security Act. Currently pending is Defendant’s Motion to Reverse and Remand and for Entry of Final Judgment with Suggestions in Support. (Document Number 17). Plaintiff has not filed a Response. In his motion, defendant requests that the court reverse the decision of the Administrative Law Judge (ALJ) and remand this action pursuant to sentence four of 42 U.S.C. § 405(g). Defendant states that upon receipt of the court’s remand order, the Appeals Council of the Social Security Administration will remand this case to an ALJ, who will be directed to re-evaluate plaintiff’s residual functional capacity and address the mental functional limitations, including the moderate limitations in social functioning. If necessary, the ALJ will also obtain vocational expert testimony to determine whether plaintiff is capable of performing other work that exists in significant numbers in the national economy. Defendant requests that the court enter a final -1- Dockets.Justia.com judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure reversing the decision of the ALJ and remanding this case to the Commissioner. Sentence four of 42 U.S.C. § 405(g) provides that “[t]he court shall have power to enter, upon the pleadings and transcript 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.” However, in order for the court to properly remand a case to the Commissioner pursuant to sentence four, the court must enter an order either affirming, modifying or reversing the Commissioner’s decision. See Brown v. Barnhart, 282 F.3d 580, 581 (8th Cir. 2002). The undersigned believes that it is appropriate to reverse and remand this case in order to permit the Commissioner to take further action as requested in his motion. Accordingly, IT IS HEREBY ORDERED that Defendant’s Motion to Reverse and Remand and for Entry of Final Judgment with Suggestions in Support (Doc. No. 17) be and it is granted. IT IS FURTHER ORDERED that the decision of the Commissioner be reversed and this cause be remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g) for those reasons set forth in this Memorandum and Order. A separate written judgment will be entered in favor of the plaintiff and against the defendant. -2- Dated this 15th day of March, 2011. LEWIS M. BLANTON UNITED STATES MAGISTRATE JUDGE -3-