Guest v. Social Security Administration Commissioner ( 2021 )

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION JAMES GUEST PLAINTIFF v. CIVIL NO. 2:21-cv-02079-MEF KILOLO KIJAKAZI1, Acting Commissioner, Social Security Administration DEFENDANT MEMORANDUM OPINION AND ORDER James Guest, 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 benefits. (ECF No. 2). This matter is before the undersigned by consent of the parties. (ECF No. 5). The Commissioner filed an answer to Plaintiff’s action on September 9, 2021, asserting that the findings of the Commissioner were supported by substantial evidence and were conclusive. (ECF No. 12). On December 9, 2021, having changed positions, the Commissioner filed a motion requesting that Plaintiff’s case be remanded pursuant to “sentence four” of section 405(g) to allow further administrative proceedings. (ECF No. 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 Defendant to conduct further administrative proceedings regarding this matter. Therefore, the Commissioner’s motion (ECF No. 19) is GRANTED, and the case will be remanded to the Commissioner for further administrative action pursuant to “sentence four” of section 405(g). DATED this 9th day of December 2021. /s/ Mark E. Ford HON. MARK E. FORD UNITED STATES MAGISTRATE JUDGE