Opinion
3:10CV00075 JTR.
December 9, 2010
ORDER
The Commissioner has filed an unopposed Motion (docket entry #17) to reverse the ALJ's decision and to remand this case pursuant to sentence four of 42 U.S.C. § 405(g) (1995):
The court shall have the 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 Commissioner seeks remand for further development of the record and for the ALJ to issue a new decision. Under these circumstances, a sentence four remand is appropriate. See Buckner v. Apfel, 213 F.3d 1006, 1010-11 (8th Cir. 2000).
IT IS THEREFORE ORDERED THAT Defendant's Motion to Remand (docket entry #17) is GRANTED. This is a remand pursuant to "sentence four" of 42 U.S.C. § 405(g).
DATED this 9th day of December, 2010.