Myers v. Commissioner of Social Security

Filing 19

OPINION: Defendant Commissioner of Social Security's Motion to Remand (d/e 16 ) is ALLOWED in part. Pursuant to sentence four of 42 U.S.C. § 405(g), this Court enters judgment remanding that portion of the decision of the Commissioner that found that Plaintiff Rannie S. Myers was not disabled prior to February 10, 2010, for further proceedings before the Commission. Myers did not seek review of the portion of the decision that found that she was disabled as of February 10, 2010, and thus, that portion of the decision is final. All pending motions are denied as moot. This case is CLOSED before this Court. SEE WRITTEN OPINION. Entered by Magistrate Judge Byron G. Cudmore on 1/2/2013. (MJ, ilcd)

E-FILED

Wednesday, 02 January, 2013 03:25:47 PM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION
RANNIE S. MYERS,
Plaintiff,
v.
MICHAEL J. ASTRUE,
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

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No. 11-cv-3439

OPINION
BYRON G. CUDMORE, U.S. MAGISTRATE JUDGE:
This matter comes before the Court on Defendant Commissioner of
Social Security’s Motion to Remand (d/e 16). The Commissioner asks for a
remand under sentence four of 42 U.S.C. §405(g). Plaintiff Rannie S.
Myers objects to a remand of that portion of the decision in which the
Social Security Commission found her to be disabled on February 10,
2010. Myers only challenges that portion of the decision that found that
she was not disabled before that date. The parties consented, pursuant to
28 U.S.C. §636(c), to proceed before this Court. Consent to Proceed
Before a United States Magistrate Judge, and Order of Reference entered
June 20, 2012 (d/e 11).
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The Court agrees with Myers. Section 405(g) only authorizes the
claimant to seek judicial review, but not the Commissioner. The claimant
Myers does not challenge the portion of the decision that found her
disabled as of February 10, 2010. That portion of the decision, therefore, is
final. The remand will be limited to that portion of the decision that found
that Myers was not disabled before February 10, 2010.
WHEREFORE Defendant Commissioner of Social Security’s Motion
to Remand (d/e 16) is ALLOWED in part. Pursuant to sentence four of
42 U.S.C. §405(g), this Court enters judgment remanding that portion of the
decision of the Commissioner that found that Plaintiff Rannie S. Myers was
not disabled prior to February 10, 2010, for further proceedings before the
Commission. Myers did not seek review of the portion of the decision that
found that she was disabled as of February 10, 2010, and thus, that portion
of the decision is final. All pending motions are denied as moot. This case
is CLOSED before this Court.
Enter:

January 2, 2013
s/ Byron G. Cudmore
UNITED STATES MAGISTRATE JUDGE

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