Ritcheson v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ROYCE STERLING RITCHESON, ) ) Plaintiff, ) ) v. ) Case No. 24-cv-1856-RJD ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. )

MEMORANDUM AND ORDER DALY, Magistrate Judge:1 This matter comes before the Court on the parties’ Agreed Motion to Remand to the Commissioner. (Doc. 20).

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 (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. Shalala v. Schaefer, 509 U.S. 292, 302-303 (1993).

For good cause shown, the Agreed Motion to Remand to the Commissioner (Doc. 20) is GRANTED. On remand, an Administrative Law Judge will hold a hearing, proceed through the sequential disability evaluation process as appropriate, and issue a new decision. Plaintiff applied This matter was assigned to the undersigned through the parties’ consent to conduct all proceedings, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. (Doc. 10). for benefits on March 29, 2022. (Tr. 21). While recognizing that the agency has a full docket, the Court urges the Commissioner to expedite this case on remand.

The final decision of the Commissioner of Social Security denying Plaintiff’s application for social security 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. All pending deadlines are moot.

IT IS SO ORDERED.

DATED: February 4, 2025 s/ Reona J. Daly Hon. Reona J. Daly United States Magistrate Judge