Carson v. Commissioner of Social Security

Filing 26

ORDER granting 25 Motion to Remand. The clerk of court shall enter judgment in favor of plaintiff. Signed by Magistrate Judge Clifford J. Proud on 1/4/2016. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RHONDA CARSON,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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CIVIL NO. 15-cv-539-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. 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).
remand, judgment should be entered in favor of plaintiff.

Upon a sentence four
Schaefer v. Shalala,

509 U.S. 292, 302-303 (1993).

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. 18.

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The parties agree that, upon remand, an ALJ will “hold a new
administrative hearing; further evaluate and weigh the opinion evidence of record,
with particular attention given to the rationale provided to support the ALJ’s
findings;

obtain

medical

expert

testimony;

evaluate

Plaintiff’s

subjective

complaints in accordance with SSR 96-7p; evaluate Plaintiff’s maximum residual
functional capacity; and, if warranted, obtain supplemental vocational expert
evidence and consider that evidence consistent with SSR 00-4p.”
The Court notes that plaintiff applied for disability benefits in July 2007.
(Tr. 15). Plaintiff’s application has now been pending for more than eight years.
While recognizing that the agency has a full docket, the Court urges the
Commissioner to expedite this case on remand.
For good cause shown, the parties’ Joint Stipulation to Remand to the
Commissioner (Doc. 25) is GRANTED.
The final decision of the Commissioner of Social Security denying Rhonda
Carson’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: January 4, 2016.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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