Grommet Murphy v. Commissioner of Social Security

Filing 21

ORDER granting 16 Motion to Remand. The clerk of court shall enter judgment in favor of plaintiff. Signed by Magistrate Judge Clifford J. Proud on 6/26/2018. (jmt)

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

)
)
)
)
) CIVIL No. 17-cv-1298-CJP 1
)
)
)
)

Plaintiff,
vs.
COMMISSIONER of SOCIAL SECURITY,
Defendant.

MEMORANDUM AND ORDER
PROUD, Magistrate Judge:
Before the Court is the parties’ Agreed Motion for Remand to the
Commissioner. (Doc. 16).
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, “the ALJ will receive additional
evidence, and, in accordance with agency regulations and rulings, the ALJ will

This case was assigned to the undersigned for final disposition upon consent of the parties
pursuant to 28 U.S.C. § 636(c). See, Doc. 20.

1

1

review the medical evidence and reassess Plaintiff’s residual functional capacity,
particularly regarding any limitations relating to maintaining concentration,
persistence, or pace. After reevaluating the evidence, the ALJ will issue a new
decision regarding the disability application.”
Plaintiff applied for disability benefits in June 2014.

(Tr. 18).

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. 16) 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: June 26, 2018.
s/ Clifford J Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

2