Beccue v. Commissioner of Social Security

District Court, S.D. Illinois

Beccue v. Commissioner of Social Security

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

TERESA D. BECCUE, ) ) Plaintiff, ) ) vs. ) Case No. 3:20 -CV-00692 -MAB ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant.

MEMORANDUM AND ORDER

BEATTY, 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).1 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); Perlman v. Swiss Bank Corporation 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).

1 This case was assigned to the undersigned for final disposition upon consent of the parties pursuant to

28 U.S.C. §636

(c). See, Doc. 17. The parties agree that, upon receipt of the Court’s order, the Appeals Council will vacate all findings in the Administrative Law Judge’s (ALJ) decision and remand the

matter to the ALJ for a new hearing and new decision. The parties agree that, upon remand:

The ALJ will: (1) provide the claimant with the opportunity for a new hearing; (2) re-evaluate medical opinions of record; (3) obtain additional vocational evidence, if warranted; and (4) issue a new decision.

(Doc. 30, p. 2). Plaintiff applied for disability benefits on May 9, 2017 (Doc. 19, p. 119). While recognizing that 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 Pursuant to Sentence Four of

42 U.S.C. § 405

(g) (Doc. 30) 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: June 28, 2021 s/ Mark A. Beatty MARK A. BEATTY United States Magistrate Judge

Reference

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