Kirk v. Social Security Administration Commissioner

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
ANGELA D. KIRK 	PLAINTIFF
v. 	CIVIL NO. 24-2146
LELAND DUDEK,1 Acting Commissioner
Social Security Administration 	DEFENDANT
MEMORANDUM OPINION
Plaintiff, Angela D. Kirk, 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 her application for a period of disability and disability insurance benefits (DIB) under the
provisions of Titles II of the Social Security Act (Act). (ECF No. 2). The Defendant filed the
administrative transcript on January 22, 2025. (ECF No. 10).
On February 21, 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. 14).
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,
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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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 21st day of February 2025.
/s/_________________________________
CHRISTY COMSTOCK
UNITED STATES MAGISTRATE JUDGE
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