Davis v. Commissioner of Social Security

Filing 23

MEMORANDUM AND ORDER,granting 22 Joint MOTION to Remand to Social Security filed by Commissioner of Social Security. The Clerk of Court is DIRECTED to enter judgment in favor of plaintiff. Signed by Judge J. Phil Gilbert on 8/28/2017. (jdh)

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

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CIVIL NO. 17-cv-216-JPG-CJP

MEMORANDUM AND ORDER
Before the Court is the parties’ Agreed Motion for Reversal with Remand to the
Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) (Doc. 22). 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
Corp. 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. Shalala v. Schaefer, 509
U.S. 292, 302-03 (1993).
For good cause shown, the parties’ Agreed Motion (Doc. 22) is GRANTED. The final
decision of the Commissioner of Social Security denying Jeremy Davis’ 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.
The Court notes that plaintiff applied for disability benefits long ago in December 2012.
(Tr. 14). While recognizing that the agency has a full docket, the Court urges the Commissioner
to expedite this case on remand.
IT IS SO ORDERED.
DATED: August 28, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
UNITED STATES DISTRICT JUDGE