James v. Commissioner of Social Security

Filing 23

MEMORANDUM AND ORDER, The parties' Stipulation for Remand for Further Proceedings (Doc.22) is GRANTED. The final decision of the Commissioner of Social Security denying Robbin James' 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 4/24/2017. (jdh)

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

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CIVIL NO. 16-cv-1139-JPG-CJP

MEMORANDUM AND ORDER
Before the Court is the parties’ Stipulation for Remand for Further Proceedings. (Doc.
22). 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 administrative law judge (ALJ) will proceed
through the sequential disability evaluation process as appropriate. If necessary, the ALJ will
obtain further vocational expert testimony. The ALJ will then issue a new decision in this case.”
The Court notes that plaintiff applied for disability benefits in January 2013, more than
four years ago. (Tr. 11). While recognizing that the agency has a full docket, the Court urges
the Commissioner to expedite this case on remand.
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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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For good cause shown, the parties’ Stipulation for Remand for Further Proceedings (Doc.
22) is GRANTED.
The final decision of the Commissioner of Social Security denying Robbin James’
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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