Idol v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JENNIFER J. I.,1 ) ) Plaintiff, ) ) vs. ) Case No. 22-cv-297-SMY ) KILOLO KIJAKAZI, ACTING ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. ) MEMORANDUM AND ORDER YANDLE, District Judge: Before the Court is the parties’ Agreed Motion to Remand to the Commissioner (Doc. 23), seeking to have this case 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) is based upon a finding of error, and is itself a final, appealable order. See 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 the plaintiff. Shalala v. Schaefer, 509 U.S. 292, 302-303 (1993). Here, the parties agree that, upon remand, the Administrative Law Judge should re-evaluate the medical source opinions, re-evaluate Plaintiff’s residual functional capacity, determine whether Plaintiff could perform her past relevant work or work that exists in the national economy, provide Plaintiff an opportunity for a new hearing, and issue a new decision.

1 In keeping with the Court’s practice, Plaintiff’s full name will not be used in this Memorandum and Order due to privacy concerns. See Fed.R.Civ.P. 5.2(c) and the Advisory Committee Notes.

Page 1 of 2 For good cause shown, the parties’ Agreed Motion to Remand to the Commissioner (Doc.

GRANTED. The final decision of the Commissioner of Social Security denying Plaintiffs 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 and close this case.

IT IS SO ORDERED.

DATED: December 1, 2022 Ait Cole STACIM.YANDLE ——is—s United States District Judge Page 2 of 2