Kennon-Davis v. Social Security Administration Commissioner ( 2022 )

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION SHERRI KENNON-DAVIS o/b/o Minor Child D.T.K. PLAINTIFF v. CIVIL NO. 22-2114 KILOLO KIJAKAZI, Acting Commissioner Social Security Administration DEFENDANT MEMORANDUM OPINION Plaintiff, Sherri Kennon-Davis, brings this action on behalf of her minor child, D.T.K., seeking judicial review, pursuant to 42 U.S.C. § 405(g), of a decision of the Commissioner of the Social Security Administration (Commissioner) denying D.T.K.’s application for child's supplemental security income (SSI) benefits under Title XVI of the Social Security Act (Act). (ECF No. 2). The Defendant filed an Answer to Plaintiff's action on October 6, 2022, asserting that the findings of the Commissioner were supported by substantial evidence and were conclusive. (ECF No. 10). On December 5, 2022, the Commissioner, having changed positions, filed an unopposed motion to remand requesting that Plaintiff's case be remanded pursuant to "sentence four" of section 405(g) in order to conduct further administrative proceedings. (ECF No. 15). 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 12th day of December 2022. /s)__¢ Analy Comateck HON. CHRISTY COMSTOCK UNITED STATES MAGISTRATE JUDGE