Travelstead v. Commissioner of Social Security

Filing 25

ORDER granting 23 Motion to Remand. The Clerk of Court shall enter judgment in favor of plaintiff. Signed by Magistrate Judge Clifford J. Proud on 6/26/2013. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTHONY E. TRAVELSTEAD,

)
)
Plaintiff,
)
)
vs.
)
)
COMMISSIONER OF SOCIAL SECURITY, )
)
Defendant.
)

CIVIL NO. 12-cv-896-CJP

MEMORANDUM AND ORDER
PROUD, Magistrate Judge:
This matter is now before the Court on the Parties’ Joint Stipulation to Remand.
(Doc. 23).
There are only two avenues for remanding a social security case. Remand can be
ordered pursuant to sentence four or to 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 parties stipulate that this case should be remanded pursuant to
sentence four. In accordance with Schaefer v. Shalala, 509 U.S. 292, 302-303 (1993),
judgment will be entered in favor of plaintiff.

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Mr. Travelstead applied for benefits in June, 2009, and the ALJ issued his
decision in May, 2011. (Tr. 27-39). Administrative remedies were not completed until
July, 2012, 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. 23) is
GRANTED.
The final decision of the Commissioner of Social Security denying Anthony E.
Travelstead’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).
The Clerk of Court is directed to enter judgment in favor of plaintiff.
IT IS SO ORDERED.
DATED: June 26, 2013.

s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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