Grater v. Commissioner of Social Security

Filing 17

ORDER granting 16 Motion to Remand. The final decision of the Commissioner of Social Security denying Plaintiff's application for social security disability 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 Mark A. Beatty on 10/15/2020. (abm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CRYSTAL M. GRATER,
Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.

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Civil No. 20-cv-376-MAB

MEMORANDUM AND ORDER
BEATTY, 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). 1 (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 evaluate the claimant’s RFC,
with citation to the medical evidence that supports each limitation assessed and with

This case was assigned to the undersigned for final disposition upon consent of the parties pursuant to 28
U.S.C. §636(c). See, Docs. 5, 10.

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consideration for all the claimant’s impairments; evaluate the record medical opinions;
and obtain additional medical and vocational evidence if warranted.” (Doc. 16, p. 1).
For good cause shown, the parties’ Joint Motion for Remand for Further
Proceedings Pursuant to Sentence Four of 42 U.S.C. § 405(g) (Doc. 16) is GRANTED.
The final decision of the Commissioner of Social Security denying Plaintiff’s
application for social security disability 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: October 15, 2020
/s/ Mark A. Beatty
MARK A. BEATTY
United States Magistrate Judge

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