Reed v. Commissioner of Social Security
Filing
33
MEMORANDUM AND ORDER, The final decision of the Commissioner of Social Security denying Christine M. Reed'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. Signed by Judge J. Phil Gilbert on 12/21/2016. (jdh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHRISTINE M. REED,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
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CIVIL NO. 16-cv-263-JPG-CJP
MEMORANDUM AND ORDER
Before the Court is the parties’ Stipulation to Remand to the Acting Commissioner.
(Doc. 32).
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 ALJ will hold a new administrative hearing,
issue a new decision and reevaluate the following: (1) Plaintiff’s claimed mental impairments,
including, at step three, whether Plaintiff’s mental impairments cause limitations in the areas of
concentration, persistence, or pace, and social functioning, and, if they do cause problems in
these areas, provide an explanation for the specific limitations ascribed to limits in concentration,
persistence or pace and social functioning; (2) Plaintiff’s maximum residual functional capacity
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(RFC) in accordance with Social Security Ruling 96-8p by describing how the evidence supports
each limitation in Plaintiff’s RFC, specifically addressing limitations caused by Plaintiff’s
claimed sleep apnea and seizure disorder, assessing the frequency and functionally limiting
impact of Plaintiff’s claimed seizures; (3) the medical source opinions, including the opinions of
the state-agency medical consultants, the consultative examiners, and Plaintiff’s treating
physician, as required by 20 C.F.R. 404.1527 and SSR 96-2p; and (4) whether Plaintiff could
perform her past relevant work or other work that exists in the economy.”
The Court notes that plaintiff applied for disability benefits in April 2012, more than four
and one-half years ago. (Tr. 9). 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’ Stipulation to Remand to the Acting Commissioner
(Doc. 32) is GRANTED.
The final decision of the Commissioner of Social Security denying Christine M. Reed’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: 12/21/2016
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE
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