Lockwood v. Commissioner of Social Security

Filing 35

ORDER granting 30 Motion to Remand. The Clerk of Court shall enter judgment in favor of plaintiff. Signed by Magistrate Judge Clifford J. Proud on 7/20/2016. (klm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LEA LOCKWOOD,

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

Civil No. 15-cv-1080-CJP 1

MEMORANDUM and ORDER
PROUD, Magistrate Judge:
This matter is now before the Court on the parties’ Motion to Remand to
the Commissioner. (Doc. 30).
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 readjudicate plaintiff’s claim and plaintiff shall be given an opportunity
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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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for a hearing. The ALJ will evaluate any substance abuse disorder in
accordance with 20 C.F.R. 404.1520a and SSR 13-2p. If necessary, the ALJ
will obtain additional medical opinion evidence about plaintiff’s functioning
during periods of sobriety. The ALJ will provide a narrative discussion
describing how the evidence supports each conclusion, citing specific medical
facts and nonmedical evidence. The ALJ will evaluate the medical opinions of
record in accordance with the regulations and rulings and, if the RFC
assessment materially conflicts with a medical opinion, explain how the conflict
was resolved. If plaintiff is unrepresented, the ALJ should ensure on the record
that plaintiff has been properly advised to the right of representation and that
she is capable of making an informed choice about representation in
accordance with the Hearings, Appeals, and Law Litigation Manual (HALLEX).
For good cause shown, the parties’ Motion to Remand (Doc. 30) is
GRANTED.
The final decision of the Commissioner of Social Security denying Lea
Lockwood’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 20, 2016.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE
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