Lamb v. Commissioner of Social Security

Filing 24

MEMORANDUM AND ORDER, granting 23 Motion to Remand to Agency filed by Commissioner of Social Security. Signed by Judge J. Phil Gilbert on 7/27/2017. (jdh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS WILLIAM LAMB, Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.1 ) ) ) ) ) ) ) ) ) ) CIVIL NO. 16-cv-1275-JPG-CJP MEMORANDUM AND ORDER Before the Court is the parties’ Joint Stipulation for Remand to the Commissioner. (Doc. 23). The parties agree that this case should be remanded 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 also agreed that, upon remand, “the ALJ will offer a new hearing, conduct further proceedings, develop the administrative record as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act, and issue a new decision.” The Court notes that plaintiff applied for disability benefits in June 2013. (Tr. 19). While recognizing that the agency has a full docket, the Court urges the Commissioner to expedite this case on remand. 1 Nancy A. Berryhill is now the Acting Commissioner of Social Security. See, Casey v. Berryhill, 853 F.3d 322 (7th Cir. 2017). She is automatically substituted as defendant in this case. See Fed. R. Civ. P. 25(d); 42 U.S.C. §405(g). 1 For good cause shown, parties’ Joint Stipulation for Remand to the Commissioner (Doc. 23) is GRANTED. The final decision of the Commissioner of Social Security denying William Lamb’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: 7/27/2017 s/J. Phil Gilbert J. PHIL GILBERT U. S. DISTRICT JUDGE 2

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