Bell v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS GREG B.,1 ) ) Plaintiff, ) ) vs. ) CIVIL NO. 3:23-cv-01459-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. 27). 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).

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.16).

The parties agree that, upon remand, the ALJ will “evaluate the medical opinions and other evidence, Plaintiff's residual functional capacity, and whether he could perform his past relevant work or work existing in the national economy.”

For good cause shown, the parties’ Agreed Motion to Remand to the Commissioner (Doc. 27) 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: December 15, 2023.

Digitally signed by Judge Bath tants ~ . Sison C. -Ddesan Date: 2023.12.15 14:35:04 -06'00' GILBERT C. SISON United States Magistrate Judge Page 2 of 2