The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHERRY SIMPHER, )
)
)
Plaintiff, )
vs. Case No. 4:19cv2850 SNLJ
ANDREW SAUL,
Commissioner of Social Security, )
Defendants.
MEMORANDUM and ORDER □
Plaintiff filed this Social Security appeal on October 21, 2019. In responding to
plaintiffs brief, the defendant Commissioner determined that the matter should be
reversed and remanded and filed a motion to remand [#14]. The defendant requests “that
the Court enter a final judgment pursuant to Rule 58 of the Federal Rules of Civil
Procedure reversing the decision of the ALJ and remanding this case to the
Commissioner under sentence four of 42 U.S.C. § 405(g).” On remand, the
Commissioner will reevaluate the opinion of Bassam Malo, M.D., and proceed as
necessary in the sequential evaluation process. Plaintiff has not responded to the motion.
Sentence four of 42 U.S.C. § 405(g) states 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.” In order for the Court to properly remand a case to
the Commissioner pursuant to sentence four, the Court must enter an order either
affirming, modifying, or reversing the Commissioner’s decision. See Brown v. Barnhart,
282 F.3d 580, 581 (8th Cir. 2002).
It is appropriate to reverse and remand this case in order to permit the
Commissioner to take further action as requested in his motion.
Accordingly,
IT IS HEREBY ORDERED that defendant’s motion for remand is GRANTED
[#14].
IT IS FURTHER ORDERED that the decision of the Commission be reversed
and this cause be remanded for further proceedings pursuant to sentence four of 42 U.S.C.
§ 405(g) for those reasons set forth in this Memorandum and Order.
Dated this 6f4 day of July, 2020.
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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE