Goodnight v. Commissioner of Social Security
Filing
21
MEMORANDUM AND ORDER, The parties' Agreed Motion for Remand to the Commissioner (Doc. 20 ) is GRANTED. The final decision of the Commissioner of Social Security denying Dawn R. Goodnight's application for social security benefits is REVERS ED 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)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DAWN R. GOODNIGHT,
Plaintiff,
vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
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CIVIL NO. 17-cv-728-JPG-CJP
MEMORANDUM AND ORDER
Before the Court is the parties’ Agreed Motion for Remand to the Commissioner (Doc.
20). 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 offer Plaintiff the opportunity for a
hearing and will receive additional evidence. In accordance with agency regulations and rulings,
the ALJ will evaluate Plaintiff’s mental impairments and will reassess Plaintiff’s credibility and
residual functional capacity. If necessary, the ALJ will obtain vocational expert testimony to
assist in determining whether Plaintiff can perform a significant number of jobs in the national
economy. After reevaluating the evidence, the ALJ will issue a new decision regarding the
disability application.”
Plaintiff applied for disability benefits in July 2013. (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, the parties’ Agreed Motion for Remand to the Commissioner
(Doc. 20) is GRANTED. The final decision of the Commissioner of Social Security denying
Dawn R. Goodnight’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
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