Thomas v. Social Security Administration Commissioner
This text of Thomas v. Social Security Administration Commissioner (Thomas v. Social Security Administration Commissioner) is published on Counsel Stack Legal Research, covering District Court, W.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION
MEGHAN B. THOMAS PLAINTIFF
v. CIVIL NO. 23-5240
MARTIN J. O’MALLEY, Commissioner Social Security Administration DEFENDANT
MEMORANDUM OPINION Plaintiff, Meghan B. Thomas, brings this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) denying her application for supplemental security income (SSI) benefits under the provisions of Title XVI of the Social Security Act (Act). (ECF No. 3). The Defendant filed an Answer to Plaintiff's action on February 23, 2024. (ECF No. 7). On April 23, 2024, the Commissioner filed an unopposed motion to remand Plaintiff's case pursuant to "sentence four" of section 405(g) in order to conduct further administrative proceedings. (ECF No. 11). The exclusive methods by which a district court may remand a social security case to the Commissioner are set forth in "sentence four" and "sentence six" of 42 U.S.C. § 405(g). A remand pursuant to "sentence six" is limited to two situations: where the Commissioner requests a remand before answering the complaint, or where the court orders the Commissioner to consider new, material evidence that was for good cause not presented before the agency. The fourth sentence of the statute 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." 42 U.S.C. § 405(g); Shalala v. Schaefer, 509 U.S. 292, 296 (1993). Based on the foregoing, the Court finds appropriate remand for further administrative action pursuant to "sentence four" of section 405(g). DATED this 23rd day of April 2024.
tasty Comateck CHRISTY COMSTOCK UNITED STATES MAGISTRATE JUDGE
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