The opinion
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
CHADWICK AARON LOWE, )
)
Plaintiff, )
)
vs. ) Case No. 1:22 CV 56 ACL
)
KILOLO KIJAKAZI, )
Acting Commissioner of Social Security, )
)
)
Defendant. )
MEMORANDUM AND ORDER
This is an action under 42 U.S.C. § 405(g) for judicial review of Defendant’s final decision
denying Plaintiff’s application for benefits under the Social Security Act. Currently pending is
Defendant’s Motion for Remand. (Doc. 11.)
In her motion, Defendant requests that the Court remand the decision of the
administrative law judge (“ALJ”) pursuant to sentence four of 42 U.S.C. § 405(g). Defendant
states that, after careful review of the above-captioned case, agency counsel determined that
remand was necessary for further evaluation of Plaintiff’s claim. Defendant indicates that, upon
remand, the agency will re-evaluate Plaintiff’s subjective complaints in accord with the
appropriate regulations, re-evaluate the opinion evidence in accord with the appropriate
regulations, offer Plaintiff the opportunity for a hearing, take further action to complete the
administrative record resolving the above issues, and issue a new decision.
Plaintiff has not filed a response to Defendant’s Motion and the time for doing so has
expired.
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).
The undersigned believes that it is appropriate to reverse and remand this case in order to
permit the Commissioner to take further action as requested in her motion.
Accordingly,
IT IS HEREBY ORDERED that Defendant’s Motion to Remand (Doc. 11) is
GRANTED.
IT IS FURTHER ORDERED that the decision of the Commissioner be reversed and this
cause be remanded to the Commissioner for further proceedings pursuant to sentence four of 42
U.S.C. 8 405(g) for those reasons set forth in this Memorandum and Order. A separate written
Judgment will be entered in favor of the Plaintiff and against the Defendant.
Ur, Outen Leone
ABBIE CRITES-LEONI
UNITED STATES MAGISTRATE JUDGE
Dated this 12™ day of September, 2022.