Wilcox v. Colvin

Filing 18

ORDER AND OPINION entered by Magistrate Judge Jonathan E. Hawley on 10/04/2016. The Court finds the request for remand appropriate and so the ADOPTS the Stipulation (Doc. 17 ). 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 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 & Opinion. (JS, ilcd)

E-FILED

Tuesday, 04 October, 2016 02:30:41 PM
Clerk, U.S. District Court, ILCD

IN THE
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ROCK ISLAND DIVISION
MARK A. WILCOX,
Plaintiff,
v.

Case No. 4:16-cv-04013-JEH

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
Order and Opinion
This matter is now before the Court on the parties’ Joint Stipulation to
Remand to the Commissioner (Doc. 17). In their Stipulation, 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 agree that on remand, the Plaintiff will have a new
administrative hearing and the Administrative Law Judge will reevaluate the
medical record, including the medical source opinions; reevaluate the Claimant’s
maximum residual functional capacity; reevaluate whether the Claimant can
perform his past relevant work or other work; and conduct further proceedings as
necessary to determine whether the Plaintiff was disabled within the meaning of
the Social Security Act.
The Court finds the request for remand appropriate and so the ADOPTS the
Stipulation (Doc. 17). Accordingly, the Commissioner’s decision in this matter is
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REVERSED and the case is REMANDED to the Commissioner 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.
It is so ordered.
Entered on October 4, 2016.

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

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