Cox v. Commissioner of Social Security
Filing
21
MEMORANDUM AND ORDER, The parties' Agreed Motion for Remand to the Commissioner (Doc. 19 ) is GRANTED. The final decision of the Commissioner of Social Security denying Jeffery D. Cox application for social security benefits is REVERSED and REMA NDED 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 6/5/2017. (jdh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JEFFERY D. COX,
Plaintiff,
vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.1
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CIVIL NO. 16-cv-1305-JPG-CJP
MEMORANDUM AND ORDER
Before the Court is the parties’ Agreed Motion for Remand to the Commissioner. (Doc.
19).
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 Plaintiff the opportunity
for a hearing and will receive additional evidence, and will issue a new decision regarding the
disability application.”
The Court notes that plaintiff applied for disability benefits in April 2013, more than four
years ago. (Tr. 12). 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’ Agreed Motion for Remand to the Commissioner (Doc.
19) is GRANTED.
The final decision of the Commissioner of Social Security denying Jeffery D. Cox’
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: 6/5/2017
s/J. Phil Gilbert
J. PHIL GILBERT
U. S. DISTRICT JUDGE
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