Clifford v. Commissioner of Social Security

Filing 20

MEMORANDUM AND ORDER, granting 19 Joint MOTION to Remand filed by Commissioner of Social Security. The final decision of the Commissioner of Social Security denying James Clifford's application for social security benefits is REVER SED 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 4/24/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JAMES CLIFFORD,
Plaintiff,
vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.1

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CIVIL NO. 16-cv-939-JPG-CJP

MEMORANDUM AND ORDER
Before the Court is the parties’ Stipulation to Remand to the Acting Commissioner.
(Doc. 19).
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, “the Appeals Council will direct the ALJ to
reevaluate Plaintiff’s residual functional capacity finding, describe how the evidence supports the
residual functional capacity finding, further evaluate Plaintiff’s symptoms and the medical
opinion evidence, review any additional medical evidence made available, and if warranted,
obtain supplemental vocational expert testimony.”
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Nancy A. Berryhill is now the Acting Commissioner of Social Security. See, Casey v. Berryhill, __ F3d. __, 2017
WL 398309 (7th Cir. Jan. 30, 2017). She is automatically substituted as defendant in this case. See Fed. R. Civ. P.
25(d); 42 U.S.C. §405(g).
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The Court notes that plaintiff applied for disability benefits in March 2013, more than
four years ago. (Tr. 13). 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. 19) is GRANTED.
The final decision of the Commissioner of Social Security denying James Clifford’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: 4/24/2017
s/J. Phil Gilbert
J. PHIL GILBERT
U. S. DISTRICT JUDGE

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