Callahan v. Commissioner of Social Security

Filing 13

ORDER entered by Judge Michael M. Mihm on 3/26/2018. The Court finds the request for remand appropriate and so the Motion to Remand ECF No. 12 is GRANTED. Accordingly, the Commissioner's decision in this matter is REVERSEDand the case is REMAN DED to the ALJ for a new hearing pursuant to the fourth sentence of 42 U.S.C. § 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. See full written Order.(VH, ilcd)

E-FILED

Monday, 26 March, 2018 01:50:21 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
HARRY CALLAHAN
Plaintiff,
v.

Case No. 17-1352

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

Order
This matter is now before the Court on the parties’ Joint Motion to Remand to the
Administrative Law Judge (“ALJ”) (ECF No. 12). In their Motion, the parties jointly request that
the Court reverse this case and remand for further proceedings pursuant to sentence four of 42
U.S.C. § 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 U.S.C. § 405(g). The parties
stipulate that upon remand, the ALJ will offer the Plaintiff an opportunity for hearing and issue a
new decision reassessing her residual functional capacity.
The Court finds the request for remand appropriate and so the Motion to Remand (ECF
No. 12) is GRANTED. Accordingly, the Commissioner’s decision in this matter is REVERSED
and the case is REMANDED to the ALJ for a new hearing pursuant to the fourth sentence of 42
U.S.C. § 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 this 26th day of March 2018.
/s/ Michael M. Mihm
Michael M. Mihm
United States District Judge

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