Davenport v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ELIZABETH D.,1 ) ) Plaintiff, ) ) vs. ) Case No. 3:25-cv-00216-GCS ) FRANK BISIGNANO, ) Commissioner of Social Security, ) ) Defendant. ) MEMORANDUM & ORDER SISON, Magistrate Judge: Before the Court is the parties’ Agreed Motion to Remand to the Commissioner. (Doc. 18). 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 should “offer Plaintiff the opportunity for a hearing; proceed through the sequential disability evaluation process 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. as appropriate; obtain supplemental vocational expert testimony if warranted; and issue anew decision.” (Doc. 18, p. 1).

For good cause shown, the parties’ Agreed Motion to Remand to the Commissioner (Doc. 18) 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: July 17, 2025. hae signed by . Judge Sison Shlat 0. Qacee Tyate: 2025.07.17 11:51:13 -05'00' GILBERT C. SISON United States Magistrate Judge Page 2 of 2