Smith v. Commissioner of Social Security

Filing 22

MEMORANDUM AND ORDER, The parties' Joint stipulation to Remand (Doc. 20 ) is GRANTED. The final decision of the Commissioner of Social Security denying Carmennita Smith's application for social security benefits is REVERSED and REMANDED to the Commissioner for rehearing and reconsideration of the evidence pursuant to 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 9/19/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CARMENNITA SMITH,

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Plaintiff,
vs.
NANCY A. BERRYHILL,
Defendant.1

Civil No. 17-cv-00227-JPG-CJP

MEMORANDUM and ORDER
This matter is now before the Court on the parties’ Joint Stipulation to Remand to the
Commissioner. (Doc. 20.) The parties agree that this case should be remanded to the agency for
further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). A sentence four remand is
appropriate when the Court finds an error by the administrative law judge; it is 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 stipulate that, on remand, the ALJ will consider all pertinent issues de novo
and offer plaintiff the opportunity to reargue her case. The 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.
For good cause shown, the parties’ Joint stipulation to Remand (Doc. 20) is GRANTED.
The final decision of the Commissioner of Social Security denying Carmennita Smith’s
application for social security benefits is REVERSED and REMANDED to the Commissioner
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Nancy A. Berryhill is now the Acting Commissioner of Social Security. See, Casey v. Berryhill, 853 F3d. 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).

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for rehearing and reconsideration of the evidence pursuant to 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: September 19, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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