Slaughter v. Commissioner of Social Security

Filing 23

MEMORANDUM AND ORDER, The parties' Joint Motion for Remand (Doc. 22 ) is GRANTED. The final decision of the Commissioner of Social Security denying Kendall J. Slaughter'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. Signed by Judge J. Phil Gilbert on 3/6/2018. (jdh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS KENDALL SLAUGHTER, Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL NO. 17-cv-630-JPG-CJP MEMORANDUM AND ORDER Before the Court is the parties’ Joint Motion for Remand for Further Proceedings Pursuant to Sentence Four of 42 U.S.C. § 405(g) (Doc. 22). The parties ask that this case be remanded 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. Comprehensive Disability Prot. 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). The parties agree that, upon remand, “the ALJ will reevaluate the record medical opinions; re-evaluate the claimant’s mental RFC, with citation to the medical evidence that supports each of the limitations assessed; re-evaluate the claimant’s fibromyalgia under SSR 122p; consider the claimant’s impairments in combination; and, if warranted, obtain additional vocational evidence.” Plaintiff applied for disability benefits in February 2014. (Tr. 20.) While recognizing that the agency has a full docket, the Court urges the Commissioner to expedite this case on remand. For good cause shown, the parties’ Joint Motion for Remand (Doc. 22) is GRANTED. The final decision of the Commissioner of Social Security denying Kendall J. Slaughter’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: March 6, 2018 s/ J. Phil Gilbert J. PHIL GILBERT UNITED STATES DISTRICT JUDGE 2

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