Brown v. Commissioner of Social Security

Filing 28

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 2/17/2016. (klm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TALANA BROWN,
o/b/o M.A.W., a minor,

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

Civil No. 15-cv-596-CJP 1

Defendant.
MEMORANDUM and ORDER
PROUD, Magistrate Judge:
This matter is now before the Court on the parties’ Joint Stipulation to
Remand to the Commissioner. (Doc. 27).
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. 16.

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additional evidence. If necessary, the ALJ will seek supplemental evidence from
a medical expert. 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.
27) is GRANTED.
The final decision of the Commissioner of Social Security denying Talana
Brown’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: February 17, 2016.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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