Deal v. Commissioner of Social Security

Filing 24

ORDER GRANTING the Parties' Joint Stipulation to Remand to the Commissioner 23 , REVERSING the matter, and REMANDING to the Commissioner for a new hearing pursuant to the fourth sentence of 42 USC § 405(g). See Written Order. Entered by Magistrate Judge Jonathan E. Hawley on 12/22/2014. (KZ, ilcd)

E-FILED

Monday, 22 December, 2014 03:49:39 PM
Clerk, U.S. District Court, ILCD

IN THE
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
DAVID A. DEAL,
Plaintiff,
v.

Case No. 1:13-cv-01299-JEH

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
Order
This matter is now before the Court on the parties’ Joint Stipulation to
Remand to the Commissioner (Doc. 23). In their Stipulation, the parties jointly
request that the Court remand this case for further proceedings pursuant to
sentence four of 42 USC § 405(g), which authorizes the Court “to enter, upon the
pleadings and transcript of the record, a judgment affirming, modifying, or
reversing the decision of the Commissioner of Social Security, with or without
remanding the cause for a rehearing.” 42 USC § 405(g).
The parties stipulate that upon remand, the Administrative Law Judge
will: 1) provide the claimant with the opportunity for a new hearing and will
reevaluate the claimant’s credibility, providing his reasons, including his
analysis of the facts cited in support of discounting the claimant’s credibility; 2)
reevaluate the opinion evidence of record and claimant’s residual functional
capacity, explaining how any limitations in concentration, persistence, and/or
pace limit the claimant’s ability to work, and providing additional support for
his physical residual functional capacity assessment; 3) apply the regulations
regarding what constitutes substantial gainful activity and/or unsuccessful work
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attempt; 4) continue with evaluation at steps four and five by securing vocational
expert testimony and noting concerns whether the cashiering skills are
transferrable, given that other cashier jobs are unskilled. The parties further
stipulate that: a) the Appeals Council will direct that all of the exhibits be put in
one paper file and be considered by the ALJ; b) the ALJ will be instructed to
consider the Title XVI claim; and c) the case will be remanded to a different ALJ
who will issue a new decision.
The Court finds the request for remand appropriate and so the Joint
Stipulation to Remand to the Commissioner (Doc. 23) is GRANTED.
Accordingly, the Commissioner’s decision in this matter is REVERSED and the
case is REMANDED to the Commissioner for a new hearing pursuant to the
fourth sentence of 42 USC § 405(g). The Clerk’s Office is hereby directed to enter
Judgment in favor of the Plaintiff and against the Defendant. This matter is now
terminated.
Entered on December 22, 2014.

s/Jonathan E. Hawley
U.S. MAGISTRATE JUDGE

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