Dunn v. Commissioner of Social Security

Filing 21

ORDER granting 20 Motion to Remand. The final decision of the Commissioner of Social Security denying plaintiff's application for social security benefits is REVERSED and REMANDED 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 Magistrate Judge Clifford J. Proud on 8/30/2018. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DIANA M. DUNN,

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Plaintiff,
vs.
COMMISSIONER of SOCIAL SECURITY,
Defendant.

CIVIL NO. 18-cv-404-CJP 1

MEMORANDUM AND ORDER
PROUD, Magistrate Judge:
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 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 reassess the Plaintiff’s
physical and mental residual functional capacity; reassess the Plaintiff’s subjective

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. 13.

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symptoms under Social Security Ruling 16-3p; and reassess the medical opinions
of record.”
Plaintiff applied for disability benefits in June 2015.

(Tr. 16).

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 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: August 30, 2018.
s/ Clifford J Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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