Marshall v. Commissioner of Social Security

Filing 21

MEMORANDUM AND ORDER, The parties' Joint stipulation to Remand (Doc. 20 ) is GRANTED. The final decision of the Commissioner of Social Security denying Susan A. Marshall'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 11/21/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SUSAN A. MARSHALL
Plaintiff,
vs.
NANCY A. BERRYHILL,
Defendant.1

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Civil No. 17-cv-374-JPG-CJP

MEMORANDUM and ORDER
This matter is now before the Court on the parties’ Agreed Motion 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 (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.
Comp. Disability Prot. 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, 302-03
(1993).
The parties stipulate that, on remand, the ALJ will consider all pertinent issues de novo
and offer plaintiff the opportunity to offer argument.

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 Susan A. Marshall’s

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Nancy A. Berryhill is now the Acting Commissioner of Social Security. See https://www.ssa.gov/agency/
commissioner.html (visited Feb. 7, 2017). She is automatically substituted as defendant in this case. See Fed. R.
Civ. P. 25(d); 42 U.S.C. § 405(g).

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.
IT IS SO ORDERED.
DATED: November 21, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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