Anderson v. Astrue

Filing 30

MEMORANDUM AND ORDER re 28 Stipulation to Remand. MOTION for Summary Judgment 18 filed by Ronald L Anderson is denied as moot. Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 1/13/2012. (dka, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RONALD L. ANDERSON,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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Civil No. 11-423-JPG-CJP

MEMORANDUM and ORDER
GILBERT, District Judge:
This matter is now before the Court on the parties’ Stipulation to Remand. (Doc. 28).
The parties ask the Court to remand the case for further administrative proceedings pursuant to
sentence four of 42 U.S.C. §405(g).
Remand of a social security case can only be ordered pursuant to sentence four or
sentence six of 42 U.S.C. § 405(g). A sentence four remand depends upon a finding of error,
and is itself a final, appealable order. In contrast, a sentence six remand is for the purpose of
receipt of new evidence, but does not determine whether the Commissioner’s decision as
rendered was correct. A sentence six remand is not an appealable order. See, Melkonyan v.
Sullivan, 501 U.S. 89 (1991); Perlman v. Swiss Bank Corporation Comprehensive Disability
Protection Plan, 195 F.3d 975, 978 (7th Cir. 1999).
Here, the Commissioner confesses error and asks that judgment be entered in favor of
plaintiff. Thus, a sentence four remand is appropriate.
The Court notes that Mr. Anderson filed his application for benefits in July, 2006, and the
ALJ issued his decision in March, 2009. (Tr. 19-30). Administrative remedies were not
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completed until March, 2011, when the Appeals Council denied review. (Tr. 1). While
recognizing that the Agency has a full docket, the Court urges the Commissioner to expedite this
matter to the extent practicable.
For good cause shown, the parties’ Stipulation to Remand (Doc. 28) is GRANTED.
The final decision of the Commissioner of Social Security denying Ronald L. Anderson’s
application for social security benefits 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).
Plaintiff’s motion for summary judgment (Doc. 18) is DENIED as moot.
The Clerk of Court is directed to enter judgment in favor of plaintiff.
IT IS SO ORDERED.
DATED: January 13, 2012
s./ J. Phil Gilbert______
J. PHIL GILBERT
UNITED STATES DISTRICT JUDGE

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