Cox v. Commissioner

Filing 29

ORDER granting 28 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 11/19/2018. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LISA DAWN COX,

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Plaintiff,
vs.
COMMISSIONER of SOCIAL SECURITY,
Defendant.

CIVIL NO. 18-cv-815-CJP 1

MEMORANDUM AND ORDER
PROUD, Magistrate Judge:
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. 28).
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 re-evaluate the
claimant’s RFC, with citation to the medical evidence that supports each

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. 19.

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limitation assessed and with consideration for all of her medically determinable
impairments; re-evaluate the claimant’s subjective statements in accordance with
SSR 16-3p; and obtain additional vocational evidence if warranted.”
Plaintiff applied for disability benefits in December 2014. (Tr. 29). 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. 28) 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: November 19, 2018.

s/ Clifford J Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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