Huffstutler v. Commissioner of Social Security
Filing
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MEMORANDUM AND OPINION granting the Joint Stipulation to Remand. The final order of the Commissioner is reversed and remanded pursuant to sentence four of 42 U.S.C. §405(g). The Clerk of Court is directed to enter judgment in favor of plaintiff. Signed by Magistrate Judge Clifford J. Proud on 6/11/2015. (klm)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BILLY HUFFSTUTLER,
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Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,
Defendant.
Civil No. 14-cv-1260-CJP 1
MEMORANDUM and ORDER
PROUD, Magistrate Judge:
This matter is now before the Court on the parties’ Joint Motion to
Remand to the Commissioner. (Doc. 25).
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). Upon a sentence four
remand, judgment should be entered in favor of plaintiff. Schaefer v. Shalala,
509 U.S. 292, 302-303 (1993).
The parties agree that, on remand, the Appeals Council will hold a new
hearing for the purposes of obtaining supplemental vocational expert evidence
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This case was referred to the undersigned for final disposition upon consent of the parties,
pursuant to 28 U.S.C. §636(c). See, Doc. 10.
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in response to hypothetical questions that fully inform the vocational expert of
all the information stated in the opinion of state psychological consultant Dr.
Difonso. The ALJ will reconsider the medical opinions of record regarding
plaintiff’s physical limitations, explain the basis for any RFC, and reassess
plaintiff’s subjective complaints. After reevaluating the evidence, the ALJ will
issue a new decision regarding the disability application.
For good cause shown, the parties’ Joint Motion to Remand (Doc. 25) is
GRANTED.
The final decision of the Commissioner of Social Security denying Billy
Huffstutler’s application for social security benefits is REVERSED and
REMANDED to the Commissioner for rehearing and reconsideration of the
evidence, pursuant to 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 11, 2015.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE
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