Morris v. Commissioner of Social Security

Filing 33

MEMORANDUM AND ORDER, The parties' Joint Motion to Remand (Doc. 32 ) is GRANTED. The final decision of the Commissioner of Social Security denying Kenneth Paul Morris' 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 3/3/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENNETH PAUL MORRIS,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Defendant.1

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Civil No. 16-cv-680-JPG-CJP

MEMORANDUM and ORDER
GILBERT, District Judge:
This matter is now before the Court on the parties’ Joint Motion to Remand to the
Commissioner (Doc. 32).
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 Corp. Comprehensive
Disability Prot. 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, 302-03
(1993).
The parties stipulate that, on remand, the ALJ will evaluate the medical source opinions
and explain the weight given for each opinion. The ALJ will explain any disagreement between
the residual functional capacity assessment and the medical source opinions and will evaluate
plaintiff’s subjective complaints consistent with 20 C.F.R. § 404.1529 and Social Security

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Nancy A. Berryhill is now the Acting Commissioner of Social Security. See https://www.ssa.gov/agency/
commissioner.html (visited Feb. 7, 2017). She is automatically substituted as defendant in this case. See Fed. R.
Civ. P. 25(d); 42 U.S.C. § 405(g).

Ruling 16-3p.
For good cause shown, the parties’ Joint Motion to Remand (Doc. 32) is GRANTED.
The final decision of the Commissioner of Social Security denying Kenneth Paul Morris’
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: March 3, 2017.
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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