From Casetext: Smarter Legal Research

Burks v. Berryhill

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
Sep 14, 2018
No. 4:17-cv-02770-JAR (E.D. Mo. Sep. 14, 2018)

Opinion

No. 4:17-cv-02770-JAR

09-14-2018

RICKY BURKS, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.


MEMORANDUM & ORDER

This matter is before the Court on the motion of Defendant, the Acting Commissioner of Social Security, to reverse and remand this Social Security disability case pursuant to sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). (Doc. No. 27).

Plaintiff was denied supplemental social security income benefits by decision of an Administrative Law Judge on two occasions, the most recent occurring in September 2017, which forms the basis of this lawsuit. The Acting Commissioner states that agency counsel determined that remand was necessary for further evaluation of Plaintiff's claim. On remand, the Appeals Council of Social Security Administration will direct the ALJ to reevaluate whether Plaintiff met or equaled Listing § 12.05 and to consider testimony offered by a medical expert at a previous hearing. Plaintiff consents to the Acting Commissioner's motion to reverse and remand on this basis. (Doc. No. 28).

Title 42 U.S.C. § 405(g) provides, "[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." The Court finds that the Acting Commissioner has made a sufficient showing of good cause to reverse and remand this case for further action. See Roam v. Astrue, No. 1:08CV00129SNLJ/AGF, 2009 WL 1586037, at *1 (E.D. Mo. June 2, 2009).

Accordingly,

IT IS HEREBY ORDERED that Defendant's motion to reverse and remand the case for further proceedings (Doc. No. 27) is GRANTED.

A separate Judgment shall accompany this Order.

/s/_________

JOHN A. ROSS

UNITED STATES DISTRICT JUDGE Dated this 14th day of September, 2018.


Summaries of

Burks v. Berryhill

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
Sep 14, 2018
No. 4:17-cv-02770-JAR (E.D. Mo. Sep. 14, 2018)
Case details for

Burks v. Berryhill

Case Details

Full title:RICKY BURKS, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

Date published: Sep 14, 2018

Citations

No. 4:17-cv-02770-JAR (E.D. Mo. Sep. 14, 2018)