Ross v. Commissioner of Social Security

Filing 27

ORDER GRANTING 26 Joint MOTION to Remand filed by Commissioner of Social Security. The final decision of the Commissioner of Social Security denying Plaintiff's application for social security disability benefits is REVERSED and REMA NDED 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 Magistrate Judge Reona J. Daly on 1/7/2021. (nmf)

Case 3:20-cv-00612-RJD Document 27 Filed 01/07/21 Page 1 of 2 Page ID #1068

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RENADA T. ROSS,

)
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Plaintiff,
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v.
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COMMISSIONER of SOCIAL SECURITY, )
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Defendant.
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Case No. 20-cv-612-RJD

ORDER
DALY, Magistrate Judge:
Before the Court is the parties’ Agreed Motion to Remand to the Commissioner (Doc. 26).
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); see also Perlman v. Swiss Bank Corp. 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: “(1) evaluate the Plaintiff’s residual
functional capacity; (2) evaluate the medical opinions of record; (3) if necessary, obtain new
vocational expert testimony; (4) offer the Plaintiff an opportunity for a hearing; and (5) issue a new
decision.”
Plaintiff applied for disability benefits in February 2017 (Tr. 13). 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 to Remand (Doc. 26) is GRANTED.
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Case 3:20-cv-00612-RJD Document 27 Filed 01/07/21 Page 2 of 2 Page ID #1069

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: January 7, 2021
s/ Reona J. Daly
Hon. Reona J. Daly
United States Magistrate Judge

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