Terry v. Kijakazi

• Court: District Court, E.D. Missouri
• Decided: November 19, 2021
• Docket: 1:21-cv-00044
• Status: Unknown

Opinion

EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

RANDY D. TERRY, ) ) Plaintiff, ) ) vs. ) Case No. 1:21 CV44 ACL ) KILOLO KIJAKAZI, ) 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 benefits under the Social Security Act. Currently pending is Defendant’s Motion to Reverse and Remand. (Doc. 22.) Plaintiff has not filed a Response to Defendant’s Motion. In her motion, Defendant requests that the Court reverse the decision of the administrative law judge (“ALJ”), and remand this action to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). Defendant states that, after careful review of the above-captioned case, agency counsel determined that remand was necessary for further evaluation of Plaintiff’s claim. Defendant indicates that, upon receipt of the Court’s remand order, the Appeals Council will remand this case to the ALJ who will be directed to update the medical evidence as needed to complete the administrative record, assess Plaintiff’s RFC, obtain vocational expert testimony if warranted, take any other action as necessary, and issue a new decision. Sentence four of 42 U.S.C. § 405(g) states 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.” 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 her motion.

Accordingly, IT IS HEREBY ORDERED that Defendant’s Motion to Reverse and Remand (Doc. 22) 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. 8 405(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.

(Ltrs bit Leone) ABBIE CRITES-LEONI UNITED STATES MAGISTRATE JUDGE Dated this 19" day of November, 2021.

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