Kendall v. Commissioner of Social Security

District Court, S.D. Illinois

Kendall v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

JOEL K.,1 ) ) Plaintiff, ) ) vs. ) CIVIL NO. 3:23-cv-01118-GCS2 ) COMMISSIONER of SOCIAL SECURITY, ) ) Defendant. )

MEMORANDUM & ORDER

SISON, Magistrate Judge:

Before the Court is the parties’ Agreed Motion to Remand to the Commissioner. (Doc. 22). 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, 98

(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. See Shalala v. Schaefer,

509 U.S. 292, 302-303

(1993). The parties agree that, upon remand, the ALJ will “reevaluate the medical opinions and prior administrative medical findings, taking into consideration supportability and

1 Plaintiff’s full name will not be used in this Order due to privacy concerns. See FED. R. CIV. PROC. 5.2(c) and the Advisory Committee Notes thereto.

2 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.10). consistency; reassess the claimant’s residual functional capacity; if necessary, obtain additional vocational expert testimony; take further action to complete the administrative record resolving the above issues; and issue a new decision.” For good cause shown, the parties’ Agreed Motion to Remand to the Commissioner (Doc. 22) 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: October 17, 2023. Digitally signed by ANkint ae 7023.10. 7 10:56:54 -05'00' GILBERTC.SISON United States Magistrate Judge

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