Opinion
Case No. 4:12CV 985 LMB
03-28-2013
MARY PHOENIX, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
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 a Period of Disability and Disability Insurance Benefits under Title II of the Social Security Act and Supplemental Security Income benefits under Title XVI of the Act. Currently pending is Defendant's Motion to Reverse and Remand. (Document Number 17). Plaintiff has filed a Response, in which she states that she has no objection to defendant's motion. (Doc. No. 18).
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 the Appeals Council of the Social Security Administration determined that the ALJ improperly adopted the Single Decision Maker's opinion. Defendant states that upon receipt of the court's remand order, the Appeals Council will remand this case to an ALJ, who will be directed to re-evaluate the medical evidence; seek the testimony of a medical expert; and determine plaintiff's residual functional capacity. Defendant requests that the court enter a final 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 (Document Number 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.
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LEWIS M. BLANTON
UNITED STATES MAGISTRATE JUDGE