Valencia v. Social Security Administration Commissioner

• Court: District Court, W.D. Arkansas
• Decided: November 3, 2021
• Docket: 2:21-cv-02051
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION

JERAMY R. VALENCIA PLAINTIFF v. CIVIL NO. 2:21-cv-02051-PKH-MEF

KILOLO KIJAKAZI1, Acting Commissioner, Social Security Administration DEFENDANT

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Jeramy Valencia, Plaintiff, 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 his application for disability insurance. (ECF No. 2). This matter is before the undersigned for report and recommendation. The Commissioner filed an answer to Plaintiff’s action on August 10, 2021, asserting that the findings of the Commissioner were supported by substantial evidence and were conclusive. (ECF No. 11). On November 2, 2021, having changed positions, the Commissioner filed an unopposed motion requesting that Plaintiff’s case be remanded pursuant to “sentence four” of section 405(g) to allow further administrative proceedings. (ECF Nos. 19). 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

1 Kilolo Kijakazi became Acting Commissioner of the Social Security Administration on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted as the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

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). Here, we find remand is appropriate to allow the Defendants to conduct further

administrative proceedings regarding this matter. Therefore, we recommend granting the Commissioner’s motion and remanding the case to the Commissioner for further administrative action pursuant to “sentence four” of section 405(g). The parties have fourteen (14) days from receipt of this Report and Recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely written objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. DATED this 3rd day of November 2021.

/s/ Mark E. Ford HON. MARK E. FORD UNITED STATES MAGISTRATE JUDGE