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)

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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. ) ) ) ) ) ) ) ) ) ) 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

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