Cissna v. Commissioner of Social Security

Filing 25

ORDER re 24 Stipulation filed by Commissioner of Social Security. Signed by Magistrate Judge Clifford J. Proud on 9/9/2016. (klm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LADONNA CISSNA,

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

Civil No. 16-cv-400-CJP 1

MEMORANDUM and ORDER
PROUD, Magistrate Judge:
This matter is now before the Court on the parties’ Joint Stipulation to
Remand to the Commissioner. (Doc. 24).
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 the
ALJ to hold a new administrative hearing. Additionally, the ALJ will further
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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. 11.

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evaluate and weight the opinion evidence of record, including the opinion and
treatment notes of treating psychiatrist Dr. Handwerk and evaluate plaintiff’s
residual functional capacity. Finally, if warranted, the ALJ will obtain
supplemental vocational expert evidence. After reevaluating the evidence, the
ALJ will issue a new decision regarding the disability application.
For good cause shown, the parties’ Joint Stipulation to Remand (Doc.
24) is GRANTED.
The final decision of the Commissioner of Social Security denying
Ladonna Cissna’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: September 9, 2016.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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