Murphy v. Commissioner of Social Security

Filing 28

ORDER granting 27 Motion to Remand. The clerk of court shall enter judgment in favor of plaintiff. Signed by Magistrate Judge Clifford J. Proud on 4/15/2015. (jmt).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JEREMY MURPHY,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.

CIVIL NO. 14-cv-478-CJP 1

MEMORANDUM AND ORDER
Proud, Magistrate Judge:
This matter is now before the Court on the parties’ Agreed Motion to
Remand to the Commissioner. (Doc. 27).
The parties agree that this case should be remanded to the agency for
further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). A sentence
four remand (as opposed to a sentence six remand) depends upon a finding of
error, and is itself a final, 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).
remand, judgment should be entered in favor of plaintiff.

Upon a sentence four
Schaefer v. Shalala,

509 U.S. 292, 302-303 (1993).
The parties agree that, upon remand, the ALJ will provide plaintiff with an
opportunity

to

submit

additional

evidence;

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re-evaluate

plaintiff’s

mental

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. 19.
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impairments pursuant to the special technique in 20 C.F.R. § 416.920a; obtain
evidence from a medical expert regarding the nature and severity, and functional
limitations, if any, of plaintiff’s impairments, and/or obtain an updated
psychological

examination

and

opinion;

reconsider

plaintiff’s

subjective

complaints and residual functional capacity, and in so doing, further evaluate the
medical opinions; seek vocational expert testimony to determine whether there
are a significant number of jobs in the national economy that plaintiff can
perform; conduct the further proceedings required to determine if plaintiff’s
substance use is a contributing factor material to a finding of disability (Social
Security Ruling 13-2p); give Plaintiff an opportunity for a hearing; and issue a new
decision.
For good cause shown, the parties’ Agreed Motion to Remand to the
Commissioner (Doc. 27) is GRANTED.
The final decision of the Commissioner of Social Security denying Jeremy
S. Murphy’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: April 15, 2015.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE
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