Inman v. Commissioner of Social Security

Filing 23

ORDER granting 22 Motion to Remand to Social Security Administration. Signed by Judge David W. Dugan on 1/18/2023. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.

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Case 3:22-cv-01901-DWD Document 23 Filed 01/18/23 Page 1 of 2 Page ID #898 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS SHAWN INMAN, Plaintiff, vs. KILOLO KIJAKAZI, acting commissioner of Social Security, ) ) ) ) ) ) ) ) ) Case No. 22-cv-1901-DWD Defendant. MEMORANDUM AND ORDER DUGAN, District Judge: Before the Court is the parties’ Joint Stipulation to Remand to the Commissioner. (Doc. 22). The parties ask that this case be remanded for further proceedings pursuant to sentence four of section 205(g) of the Social Security Act, 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, “[o]n remand, the ALJ will proceed through the sequential disability evaluation process and issue a new decision. If warranted, the ALJ will obtain supplemental vocational expert testimony.” (Doc. 22, p. 1). Case 3:22-cv-01901-DWD Document 23 Filed 01/18/23 Page 2 of 2 Page ID #899 For good cause shown, the parties’ Joint Stipulation to Remand to the Commissioner (Doc. 22) 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: January 18, 2023 DAVID W. DUGAN United States District Judge

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