Brock v. Commissioner of Social Security

Filing 30

ORDER granting 29 Motion to Remand. The clerk of court shall enter judgment in favor of plaintiff. Signed by Magistrate Judge Clifford J. Proud on 9/19/2016. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
FRANCENE R. BROCK,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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CIVIL NO. 16-cv-067-CJP 1

MEMORANDUM AND ORDER
Proud, Magistrate Judge:
Before the Court is the parties’ Agreed Motion to Remand. (Doc. 29).
The parties agree that this case should be remanded to the Acting
Commissioner 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, upon remand, “an Administrative Law Judge will be
directed to further consider the medical evidence of record including opinion

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. 13.

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evidence; reevaluate Plaintiff’s residual functional capacity; if warranted, obtain
supplemental vocational expert testimony; and issue a new decision.”
The Court notes that plaintiff applied for disability benefits in November
2012, almost than four years ago. (Tr. 11).

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. 29) is
GRANTED.
The final decision of the Commissioner of Social Security denying Francene
R.

Brock’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 19, 2016.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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