Dunn v. Commissioner of Social Security

Filing 19

MEMORANDUM AND ORDER, The parties' Agreed Motion for Remand (Doc. 18 ) is GRANTED. 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. Signed by Judge J. Phil Gilbert on 5/29/2018. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ROBERT GLENN DUNN,
Plaintiff,
vs.
COMMISSIONER of SOCIAL SECURITY,
Defendant.

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CIVIL NO. 17-cv-1104-JPG-CJP

MEMORANDUM AND ORDER
Before the Court is the parties’ Agreed Motion for Remand (Doc. 18). 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. Compr. 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 claim will be sent to an administrative law
judge (ALJ) for a new administrative hearing at which Plaintiff will be afforded the opportunity
to testify, submit additional evidence, and make arguments. The ALJ will reevaluate Plaintiff’s
subjective symptoms, reconsider the opinion of his treating physician, reevaluate his residual
functional capacity, and issue a new decision.”
Plaintiff applied for disability benefits in July 2014. (Tr. 17.) 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 (Doc. 18) is GRANTED.
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
UNITED STATES DISTRICT JUDGE

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