SARAH H. v. FRANK BIGANO, COMMISSIONER of SOCIAL SECURITY
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS SARAH H., ) ) Plaintiff, ) ) vs. ) CIVIL NO. 3:25-cv-01964-GCS ) FRANK BIGANO, ) COMMISSIONER of SOCIAL SECURITY, ) ) Defendant. ) MEMORANDUM & ORDER SISON, Magistrate Judge: Before the Court is the parties’ Agreed Motion to Remand to the Commissioner. (Doc. 19). 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 Corp. 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- (1993).
The parties agree that, upon remand, the ALJ will “consider the evidence, offer plaintiff the opportunity for a hearing, and issue a new decision.”
For good cause shown, the parties’ Agreed Motion to Remand to the Commissioner (Doc. 19) is GRANTED. The final decision of the Commissioner of Social Security 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: April 8, 2026.
Digitally signed by . Judge Sison SAlet D3 Date: 2026.04.08 13:51:01 -05'00" GILBERT C. SISON United States Magistrate Judge Page 2 of 2
Case-law data current through December 31, 2025. Source: CourtListener bulk data.