Haley v. Commissioner of Social Security

District Court, S.D. Illinois

Haley v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

ANGELA H.,1 ) ) Plaintiff, ) ) vs. ) CIVIL NO. 3:23-cv-01098-GCS2 ) COMMISSIONER of SOCIAL SECURITY, ) ) Defendant. )

MEMORANDUM & ORDER

SISON, Magistrate Judge:

Before the Court is the parties’ Joint Motion to Remand to the Commissioner. (Doc. 23). 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 “evaluate the medical source opinions and Plaintiff’s residual functional capacity, determine whether Plaintiff could

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.12). perform her past relevant work or work that exists in the national economy, provide Plaintiff the opportunity for a new hearing, and issue a new decision.” For good cause shown, the parties’ Joint Motion to Remand to the Commissioner (Doc. 23) 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 24, 2023. . Digitally signed by . Judge Sison Sint €. 332 Date: 2023.10.24 13:19:02 -05'00' GILBERT C. SISON United States Magistrate Judge

Page 2 of 2

Reference

Status
Unknown