Laux v. Commissioner of Social Security
Laux v. Commissioner of Social Security
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
THERESA A. LAUX, ) ) Plaintiff, ) ) v. ) Case No. 20-cv-270-RJD ) COMMISSIONER of SOCIAL SECURITY, ) ) Defendant. )
ORDER DALY, Magistrate Judge: Before the Court is the parties’ Joint Motion for Remand for Further Proceedings Pursuant to Sentence Four of
42 U.S.C. § 405(g) (Doc. 20). The parties ask that this case be remanded for further proceedings pursuant to sentence four of
42 U.S.C. § 405(g). A sentence four remand (as opposed to a sentence six remand) depends upon a finding of error, and is itself a final, appealable order. See Melkonyan v. Sullivan,
501 U.S. 89(1991); see also Perlman v. Swiss Bank Corp. Comprehensive Disability Protection Plan,
195 F.3d 975, 978(7th Cir. 1999). Upon a sentence four remand, judgment should be entered in favor of plaintiff. Shalala v. Schaefer,
509 U.S. 292, 302-303(1993). The parties agree that, upon remand, “the ALJ will re-evaluate claimant’s impairments at Step Two, with citation to the medical evidence that supports each finding as to each impairment and with consideration for all the claimant’s impairments; re-evaluate the record medical opinions concerning the claimants’ mental impairments; and obtain additional vocational evidence if warranted.” Plaintiff applied for disability benefits in February 2017 (Tr. 13). While recognizing that Page 1 of 2 the agency has a full docket, the Court urges the Commissioner to expedite this case on remand. For good cause shown, the parties’ Joint Motion for Remand for Further Proceedings (Doc. 20) is GRANTED. The final decision of the Commissioner of Social Security denying Plaintiff’s application for social security disability benefits is REVERSED and REMANDED to the Commissioner for
rehearing and reconsideration of the evidence, pursuant to sentence four of
42 U.S.C. § 405(g). The Clerk of Court is directed to enter judgment in favor of Plaintiff. IT IS SO ORDERED. DATED: November 13, 2020
s/ Reona J. Daly Hon. Reona J. Daly United States Magistrate Judge
Page 2 of 2
Reference
- Status
- Unknown