Enyart v. Commissioner of Social Security

Filing 19

ORDER re 17 Stipulation filed by Commissioner of Social Security. The Clerk of Court shall enter judgment in favor of plaintiff. Signed by Magistrate Judge Clifford J. Proud on 7/15/2015. (klm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DOUGLAS W. ENYART,

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

Civil No. 15-cv-50-CJP 1

MEMORANDUM and ORDER
PROUD, Magistrate Judge:
This matter is now before the Court on the parties’ Joint Stipulation to
Remand to the Commissioner. (Doc. 17).
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 instruct the
ALJ to hold a new hearing and provide plaintiff with an opportunity to submit
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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. 7.

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addition evidence. The ALJ will reevaluate plaintiff’s impairments pursuant to
the five-step sequential evaluation, including, among other impairments,
plaintiff’s fibromyalgia and pain disorder pursuant to SSR 12-2p, reconsider
plaintiff’s maximum residual functional capacity, and further evaluate the
medical opinion evidence in the record and plaintiff’s credibility. The ALJ will
seek supplemental vocational expert testimony to determine whether there are
a significant number of jobs in the national economy that plaintiff can perform.
After reevaluating the evidence, the ALJ will issue a new decision regarding the
disability application.
For good cause shown, the parties’ Joint Stipulation to Remand (Doc.
17) is GRANTED.
The final decision of the Commissioner of Social Security denying
Douglas W. Enyart’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: July 15, 2015.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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