Murphy 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 plaintiffs 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 5/29/2018. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MICHAEL L. MURPHY,

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Plaintiff,
vs.
COMMISSIONER of SOCIAL SECURITY,
Defendant.

Civil No. 17-cv-951-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 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. Shalala v. Schaefer, 509 U.S. 292, 302-303 (1993).
The parties agree that, upon remand, “On 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 subjective statements
under SSR 16-3p; and, if warranted, obtain additional vocational evidence.”
Plaintiff applied for disability benefits in September 2013. (Tr. 26). 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.
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The final decision of the Commissioner of Social Security denying plaintiff’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: MAY 29, 2018

s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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