Boyd v. Commissioner of Social Security

Filing 18

ORDER GRANTING 16 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 benefits is REVERSED and REMANDED to t he 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. All pending deadlines are moot. Signed by Magistrate Judge Reona J. Daly on 7/19/2021. (lmo)

Case 3:20-cv-01375-RJD Document 18 Filed 07/19/21 Page 1 of 2 Page ID #1321

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MAX. W. BOYD,

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Plaintiff,
vs.
COMMISSIONER of SOCIAL SECURITY,
Defendant.

Case No. 20-cv-1375-RJD1

MEMORANDUM AND ORDER
DALY, Magistrate Judge:
This matter comes before the Court on the parties’ Agreed Motion to 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).
For good cause shown, the parties’ Agreed Motion to Remand (Doc. 16) is GRANTED.
The parties agree that, on remand, the ALJ will evaluate the medical source opinions, whether
Plaintiff’s impairments meet or medically equal a listing, Plaintiff’s residual functional capacity,
whether Plaintiff could perform his past relevant work or a significant number of jobs existing in
the national economy, and issue a new decision. Plaintiff applied for disability benefits in May

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This case was assigned to the undersigned for final disposition upon consent of the parties pursuant to 28 U.S.C.
§636(c). Doc. 8.
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Case 3:20-cv-01375-RJD Document 18 Filed 07/19/21 Page 2 of 2 Page ID #1322

2018 (Tr. 156). While recognizing that the agency has a full docket, the Court urges the
Commissioner to expedite this case on remand.
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. All pending deadlines
are moot.
IT IS SO ORDERED.
DATED: July 19, 2021.

s/Reona J. Daly
REONA J. DALY
UNITED STATES MAGISTRATE JUDGE

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