Rommel v. Commissioner of Social Security

Filing 20

ORDER granting 19 Motion to Remand. The clerk of court shall enter judgment in favor of plaintiff. Signed by Magistrate Judge Clifford J. Proud on 3/4/2014. (jmt).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHARLES ROMMEL,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.

CIVIL NO. 13-cv-383-CJP 1

MEMORANDUM AND ORDER
Proud, Magistrate Judge:
This matter is now before the Court on the parties’ Joint Motion for Further
Proceedings Pursuant to Sentence Four of 42 U.S.C. §405(g). (Doc. 19).
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).

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This case was assigned to the undersigned for final disposition upon consent of the parties
pursuant to 28 U.S.C. §636(c). See, Doc. 14.
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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.
The Court notes that plaintiff applied for benefits in December, 2009, and
the ALJ issued his decision in December, 2011.

(Tr. 14-21).

Administrative

remedies were not completed until March, 2013, when the Appeals Council
denied review. (Tr. 4). Plaintiff sought and received an extension in which to file
a civil action. (Tr. 2). While recognizing that the agency has a full docket, the
Court urges the Commissioner to expedite this matter on remand to the extent
practicable.
For good cause shown, the parties’ Joint Motion for Further Proceedings
Pursuant to Sentence Four of 42 U.S.C. §405(g) (Doc. 19) is GRANTED.
The final decision of the Commissioner of Social Security denying Charles
Rommel’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: March 4, 2014.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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