Greco v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS LAURA G.,1 ) ) Plaintiff, ) ) vs. ) Case No. 24-cv-1517-SMY ) CAROLYN W. COLVIN, 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. 21), 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 provide the claimant with the opportunity for a new hearing; reevaluate the medical opinions of record; reconsider Plaintiff’s symptoms; reassess Plaintiff’s residual functional capacity and proceed with the sequential evaluation, as necessary; 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.

21)is 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 19, 2024 Noite Goole STACI M. YANDLE United States District Judge Page 2 of 2