Johnson 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 7/19/2016. (klm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JEFF L. JOHNSON,

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

Civil No. 15-cv-1348-CJP 1

MEMORANDUM and ORDER
PROUD, Magistrate Judge:
This matter is now before the Court on the parties’ Agreed Motion 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). 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 an
Administrative Law Judge to reconsider plaintiff’s residual functional capacity,
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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. 10.

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and in doing so will reconsider the weight given to the medical opinions,
including the opinion of treating psychiatrist Quereshi. The ALJ will reconsider
plaintiff’s subjective complaints pursuant to SSR 16-3p and, if warranted,
obtain additional vocational expert testimony in accordance with the applicable
rules and regulations.
For good cause shown, the parties’ Joint Motion to Remand (Doc. 25) is
GRANTED.
The final decision of the Commissioner of Social Security denying Jeff L.
Johnson’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 19, 2016.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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