Spring v. Commissioner of Social Security

Filing 17

ORDER Granting 16 Joint MOTION to Remand under the fourth sentence of 42 U.S.C. section 405(g) filed by Commissioner of Social Security. Joint stipulation is GRANTED. Case is REVERSED and REMANDED to the Commissioner for rehearing and reconsideration. Signed by Chief Judge David R. Herndon on 7/8/2013. (kar)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DUANE R. SPRING,
Plaintiff,
vs.

NO. 13-cv-236-DRH-CJP

COMMISSIONER of SOCIAL SECURITY,
Defendant.
MEMORANDUM AND ORDER
HERNDON, Chief Judge:
This matter is now before the Court on the parties’ Joint Stipulation for
Remand. (Doc. 16).
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 because significant portions of the audio recording of the
evidentiary hearing are inaudible.

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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The Court notes that Mr. Spring applied for benefits in April, 2010, over
three years ago.

The ALJ issued her decision in October, 2011, but

administrative remedies were not completed until January, 2013, when the
Appeals Council denied review. (Tr. 18-29, 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’ Joint Stipulation for Remand (Doc. 16)
is GRANTED.
The final decision of the Commissioner of Social Security denying Duane R.
Spring’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.
Signed this 8th day of July, 2013.

Digitally signed by
David R. Herndon
Date: 2013.07.08
16:14:12 -05'00'
Chief Judge
United States District Court

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