Lockett v. Commissioner of Social Security

Filing 45

MEMORANDUM AND ORDER, denying 44 MOTION for status filed by Virgil L. Lockett. Signed by Judge J. Phil Gilbert on 9/18/2018. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
VIRGIL L. LOCKETT,
Plaintiff,
vs.

Civil No. 15-cv-1328-JPG-CJP

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
MEMORANDUM and ORDER
This matter comes before the Court on plaintiff Virgil L. Lockett’s pro se request for
judgment as a matter of law (Doc. 44). Lockett filed this case in December 2015 to appeal the
Commissioner of Social Security’s decision to deny him supplemental security income benefits.
On the Commissioner’s motion, in December 2016 the Court remanded this case to the
Commissioner for rehearing and reconsideration of the evidence pursuant to sentence four of 42
U.S.C. § 405(g). It appears that an administrative law judge (“ALJ”) has reheard Lockett’s case
and has again rendered an adverse decision. In his pending motion, Lockett takes issue with that
new decision and asks the Court to reject the new decision and award him benefits.
This is not the right place for Lockett to raise his complaints about the new ALJ decision.
The Court’s remand under sentence four terminated this case; this case is over. See Richmond v.
Chater, 94 F.3d 263, 267-68 (7th Cir. 1996). Instead, Lockett must file a new case—after
exhausting his administrative remedies—to complain about the new decision. In the new case,
he will be free to raise any challenges to the Commissioner’s new final decision. The Court
reiterates that Lockett must exhaust his administrative remedies before filing a new suit. The
first step in that process is appealing the ALJ’s new decision to the Appeals Council. Lockett
should follow the steps described to him in the ALJ’s letter that was sent to him with the ALJ’s

new decision, or he may seek guidance from the Social Security Administration by phone, in
person or on its website, www.socialsecurity.gov about how to file such an appeal. The Court
cautions Lockett that generally he must appeal to the Appeals Council within 60 days of
receiving the ALJ’s decision. See 20 C.F.R. § 416.1468(a).
For the foregoing reason, the Court DENIES Lockett’s motion (Doc. 44).
IT IS SO ORDERED.
DATED: September 18, 2018.
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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