Johnson v. Social Security Administration Commissioner

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
DUSTIN JOHNSON 	PLAINTIFF
v. 	CIVIL NO. 24-5236
LELAND DUDEK,1 Acting Commissioner
Social Security Administration 	DEFENDANT
MEMORANDUM OPINION
Plaintiff, Dustin Johnson, 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 applications for a period of disability and disability insurance benefits (DIB) and
supplemental security income (SSI) benefits under the provisions of Titles II and XVI of the Social
Security Act (Act). (ECF No. 2). The Defendant filed the administrative transcript on January 13,
2025. (ECF No. 7).
On February 28, 2025, 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
1 Leland Dudek, has been appointed to serve as Acting Commissioner of the Social Security
Administration, and is substituted as Defendant pursuant to Rule 25(d)(1) of the Federal Rules of
Civil Procedure.
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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 28th day of February 2025.
/s/_________________________________
CHRISTY COMSTOCK
UNITED STATES MAGISTRATE JUDGE
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