Schuchmann v. Commissioner of Social Security
Filing
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MEMORANDUM AND ORDER, The parties' Agreed Motion for Remand to the Commissioner (Doc. 22 ) is GRANTED. The final decision of the Commissioner of Social Security denying Kelly Schuchmann's application for social security benefits is REVERSE D 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. Signed by Judge J. Phil Gilbert on 10/24/2017. (jdh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KELLY SCHUCHMANN,
Plaintiff,
vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
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CIVIL NO. 17-cv-317-JPG-CJP
MEMORANDUM AND ORDER
Before the Court is the parties’ Agreed Motion for Remand to the Commissioner. (Doc.
22). 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 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 agree that, upon remand, “the ALJ will offer Plaintiff the opportunity for a
hearing and will receive additional evidence. After reevaluating the evidence, the ALJ will issue
a new decision regarding the disability application. In particular, the Administrative Law Judge
will clarify whether Stephanie Van Ulft, M.D., is a treating medical source; reconsider the
medical opinions consistent with 20 CFR §§ 404.1527 and 416.927; reconsider the claimant’s
mental residual functional capacity; if necessary, obtain supplemental evidence from a vocational
expert; and offer the claimant a supplemental hearing; and issue a new decision.”
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Plaintiff applied for disability benefits in December 2012. (Tr. 19.) While recognizing
that the agency has a full docket, the Court urges the Commissioner to expedite this case on
remand.
For good cause shown, parties’ Agreed Motion for Remand to the Commissioner (Doc.
22) is GRANTED.
The final decision of the Commissioner of Social Security denying Kelly Schuchmann’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: October 24, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE
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