Maylee v. Social Security Administration Commissioner

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
STEVEN L. MAYLEE 	PLAINTIFF
v. 	CIVIL NO. 25-3082
FRANK BISIGNANO, Commissioner
Social Security Administration 	DEFENDANT
MEMORANDUM OPINION
Plaintiff, Steven L. Maylee, 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 supplemental security income (SSI) benefits under the
provisions of Titles XVI of the Social Security Act (Act). (ECF No. 2). The Defendant filed the
administrative transcript on February 12, 2026. (ECF No. 10).
On April 10, 2026, 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. 13).
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
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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 10th day of April 2026.
/s/_________________________________
CHRISTY COMSTOCK
UNITED STATES MAGISTRATE JUDGE
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