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)

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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. ) ) ) ) ) ) ) ) ) ) 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. 1 1 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 2

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