Malherek v. Colvin

Filing 23

ORDER granting 22 Motion to Remand. The Clerk of Court shall enter judgment in favor of plaintiff. Signed by Magistrate Judge Clifford J. Proud on 8/10/2015. (klm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MARILYN J. MALHEREK,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,
Defendant.

Civil No. 14-cv-1392-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. 22).
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, plaintiff will be given the opportunity
for a new hearing and the ALJ will receive additional evidence. They also agree
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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. 11.

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that the ALJ will evaluate all of the medical opinion evidence and give reasons
for the weight assigned to those opinions in accordance with agency
regulations and rulings, evaluate the severity of plaintiff’s obesity and its
effects, and if necessary obtain supplemental vocational expert testimony. 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. 22) is
GRANTED.
The final decision of the Commissioner of Social Security denying
Marilyn Malherek’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: August 10, 2015.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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