Smoot v. Commissioner of Social Security

Filing 25

MEMORANDUM AND ORDER, The parties' Agreed Motion for Remand to the Commissioner (Doc. 24 ) is GRANTED. The final decision of the Commissioner of Social Security denying Philana M. Smoot's application for social security benefits is REVERSE D 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 9/22/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
PHILANA M. SMOOT,
Plaintiff,
vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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Civil No. 16-cv-1029-JPG-CJP

MEMORANDUM AND ORDER
Before the Court is the parties’ Agreed Motion for 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 is appropriate upon a
finding of error; it is 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 conduct further
proceedings and develop the administrative record as necessary to determine whether Plaintiff is
disabled within the meaning of the Social Security Act, including offering plaintiff a new
hearing, and issuing a new decision.”
Plaintiff applied for disability benefits in May 2013. (Tr. 30.) While recognizing that the
agency has a full docket, the Court urges the Commissioner to expedite this case on remand.
For good cause shown, parties’ Agreed Motion for Remand to the Commissioner (Doc.
24) is GRANTED. The final decision of the Commissioner of Social Security denying Philana

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M. Smoot’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.
DATE: September 22, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
UNITED STATES DISTRICT JUDGE

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