Sugg v. Colvin

Filing 16

ORDER granting 15 Motion to Remand. The clerk of court is directed to enter judgment in favor of plaintiff. Signed by Magistrate Judge Clifford J. Proud on 2/25/2014. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JENNIFER SUGG,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.

CIVIL NO. 14-cv-1166-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. 15).
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).

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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. 9.
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The parties stipulate that, on remand, plaintiff will be given the opportunity
for a hearing and to submit additional evidence and arguments. They also agree
that an ALJ will do the following:
(1) further evaluate the medical source opinions of record,
specifically considering the opinions of Dr. Tin;
(2) further evaluate Plaintiff’s residual functional capacity;
(3) further evaluate whether Plaintiff meets or equals a Listing;
(4) further evaluate the credibility of Plaintiff’s subjective complaints;
(5) further evaluate Plaintiff’s ability to perform other jobs that exist in the
national economy, obtaining vocational expert testimony;
(6) reevaluate the medical and other opinions of record, articulating the
weight assigned and the reasons for the weight; and
(7) issue a new decision.
For good cause shown, the parties’ Agreed Motion to Remand (Doc. 15) is
GRANTED.
The final decision of the Commissioner of Social Security denying Jennifer
L. Sugg’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: February 25, 2015.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE
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