Shepherd 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 9/8/2016. (jmt)

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

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CIVIL NO. 16-cv-027-CJP 1

MEMORANDUM AND ORDER
Proud, Magistrate Judge:
Before the Court is the parties’ Joint Motion to Remand. (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).
The parties agree that, upon remand, “the Appeals Council will vacate all
findings in the Administrative Law Judge’s decision. The Commissioner will
conduct further proceedings and develop the administrative record as necessary
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. 9.

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to determine whether Plaintiff is disabled within the meaning of the Social
Security Act, and then issue a new decision.”
The Court notes that plaintiff applied for disability benefits in June 2012,
more than four years ago. (Tr. 20).

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 Motion to Remand (Doc. 25) is
GRANTED.
The final decision of the Commissioner of Social Security denying Jeffry
Lenrow Shepherd’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: September 8, 2016.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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